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Printedby R. & R. Clark, Limited, Edinburgh. 


In preparing this school edition of the pro Plancio 
I have been chiefly indebted to the following 
works : — 

Cicero's rede fiir Cn. Plancius. Kopke ; neu bearbeitet von 

Landgraf. Leipsic, 1887. 
Ciceronis Oratio pro Plancio, recog. Ed. Wunderus, 1830. 
Orazione in difesa di Cn. Plancio. G. B. Bonino ; Turin. 
Th. Mommsen Romische Staatsrecht. 
Iwan Miiller Handhuch d. classischen Altertunnvissenschaft. 

The text is, with a few exceptions, that of Land- 
graf s edition. 


Edinburgh, 1897. 



§§ 1-9. Circumstances of the Case 

10." The Prosecutor Laterensis 

11-13. The Defendant Plancius and his relations 
with Cicero . 

14-17. Ambitus and Sodalicium 

18-22. Elections at Bome 

23-38. Rhetoric of the Romans 

39-46. Manuscripts and Editions 

Analysis of the Speech 


NOTES .... 


Critical Appendix 
Index .... 









§ 1. In July 54 B.c. a certain Cn. Plancius, aedile- 
elect, was prosecuted by a disappointed competitor, A. 
Laterensis, on a charge of illegal combination {de soda- 
liciis) during his canvass. He was defended by his 
friend Cicero. 

Such is, in briefest outline, the subject of the case 
which occasioned the delivery of the speech before us. 
A recent scholar^ has summed up the merits of the 
Planciana in describing it as ' the artistic handling of a 
somewhat ordinary theme.' Its main interest lies in the 
light it sheds on the methods of procedure at Roman 
elections — methods, that is, both legal and illegal. Of 
the personality of the author we see but little, but that 
may be said of most of Cicero's speeches ; if the Plan- 
ciana helps us in any way towards understanding the 
character of Cicero, it is that of Cicero as a friend in his 
relations with Plancius. As regards the historic back- 
ground, the absence of which so many recent writers^ 

1 Dr. J. S. Reid. 

^ e.g. Dettweiler in Baumeister's Handhuch der unterrichts lehre, 
p. 194. 

X cicerCs oration for plancius 

have complained of as the great defect of Cicero's 
writings as a school-subject, it may be urged that our 
speech gives us a fairly vivid account of the events of 
the years 55-54 b,c. — an epoch of considerable import- 
ance in the history of the Roman constitution. 

Before studying the speech it is as well to set clearly 
interest of hefore the reader what points have specially 
thespeech. ^^ j^g emphasised, to enable him to com- 
pletely master the contents of the speech, so that the 
object of reading and the interest to be derived from 
that reading may always be kept in mind whilst it is in 

These points may be taken as four, tabulated thus : — 

Historical. — Cicero's friendship for 

. -r, . , n , Plancius. 

A. Pomts necessary for K, ,. , rm -. • . -n. 

the interpretation ] ^' ^egal -The proceedmgs at Roman 
' elections ; the laws re ambitus and 

sodalicia; the right of public meet- 
incr and combination at Rome. 

of the speech. 

Special points for 
the study of wliich 
this speech gives 

Rhetoric of the Ancients, its im- 

portance and its methods. 

§ 2. Gircumstances of the case. — To understand the 
Causes of the circumstanccs of the case it is necessary to 

^ofSrnsf ^evie^ *b® ^^^^*® of *^® y^^^s ^^-^^ ^-^- 

56-54 B.c. During the latter part of the year 56 
Rome had been in a state of riot verging on anarchy, 
chiefly owing to the turbulent and lawless behaviour of 
Clodius, who, anxious to gain immunity for his numerous 
crimes, and to ai^enge himself on his enemy Milo, had 


succeeded in obtaining the aedileship for 56. Heuce it 
happened that no magistrates for the following year had 
been elected ; an interrex ^ was consequently appointed, 
under whose presidency the elections for 55, which 
ought to have been held in 56, took place in Theconsuiar 
January 55. The city was filled with bands eiections. 
of arraed men, whom Caesar had brought in to further, 
by a system of terrorism, the candidature of Pompey 
and Crassus. In the face of such threatened violence 
several candidates withdrew, and Domitius Ahenobarbus 
alone represented the oligarchical faction against the 
party of Caesar. During the actual voting the Campus 
Martius was a scene of wild disorder ; Domitius was 
maltreated, a slave of his was killed at his side, and 
even Cato was struck. The comitia for the nomination 
of other magistrates could not be held. In the end 
Pompey and Crassus were elected consuls, and proceeded 
to support as candidates for the minor ofiices ^^^3 
their own creatures — with some success, as 
is shown by the fact that Cato himself, in his candida- 
ture for the curule aedileship, was passed over in favour 
of a certain Vatinius. The election, however, was not 

^ The office of interrex was first instituted after Romulus' 
death, when the people were uncertain whom to elect as king. 
Under the Republic interreges were appointed to hold the consular 
comitia, wheu, owing to civil commotion or other causes, no 
magistrates were present to do so in their year of office. Only 
patricians coukl hold the office. There was a succession of inter- 
reges, each holding office for five days ; the comitia were com- 
monly held under the direction of the third or fourth interrex. 



carried without bloodshed. Crassus, with Pompey'8 
Crassus'Zea; approval, then earried his lex Licinia de 
desodaiiciis. sodalicHs against illegal political combina- 
tions. This was a stroke delivered at the Optimates, who 
had made these clubs their strongholds, and used them 
with marked success, for the curule elections of 57 and 
56 had been, for the most part, adverse to the Pompeian 
party. In November 55 ^ Crassus set out for his pro- 
vince, Syria, leaving Rome a prey to the tumults and 
factions which w«re beginning to concentrate themselves 
round the elections of cousuls for the foUowing year (54), 
in which the Optimate party succeeded in procuring 
the election of one of their most obstinate and determined 
adherents, L. Dom. Ahenobarbus, with Appius Cl. Pulcer 
as colleague — a man of no strong political convictions, 
whose chief feature was his avarice. But before Crassus. 
left Rome he should have presided at the comitia trihuta 
convened to elect the curule magistrates, especially the 
aediles, for 54. Owing, however, to frequent disturb- 
ances he postponed the election,^ leaving Rome without 
curule magistrates for 54. These were elected in 54, 
probably not before July. 

§ 3. The candidates for the curule aedileship for 54 

Eiectionsfor "^^^^ ^°- Plancius, A. Plotius, M. luv. 

^^^•^- Laterensis, and Q. Pedius. At first Plan- 

cius showed himself disposed to support Laterensis as 

colleague ; but seeing that the latter, relying on his high 

birth and the support of the Optimates, took very little 

1 ad Att 4. 13. 2. ^ ^^^, pi §§ 49^ 50^ 53^ 54 " 


trouble about his canvass, he abandoned him and effected 
a coitio — a coalition for mutual assistance to obtain votes 
— with Plotius, with whom as coUeague in the end he 
was elected. 

§ 4. Plancius before entering office was accused by 
Laterensis of having illegally organised elec- 
tioneermg clubs, sodahcia, and bribed several 
tribes by their agency. The charge was brought under 
the lex Licinia de sodaliciis, which had been carried by 
Crassus in the previous year. Laterensis was assisted by 
Luc, Cassius Longinus^ as junior counsel (subscriptor). 
This Longinus was a friend of Cicero — at any rate the 
latter talks of him as familiaris. On the side of the 
defence were Cicero and Hortensius. 

§ 5. The president of the court {quaesitor, iudex 
quaestionis), who was probably chosen by The court. 
the plaintiff and the defendant, was C. Alfius "^ president. 
Flavus, of w^hom Cicero always speaks with great 
respect ; ^ that the litigants were allowed on occasions 
to choose a presiding judge we know from the provisions 
of the lex Vatinia. 

The question of the constitution of the court involves 
the discussion of the law under which the j^.g 
case was brought, viz. the lex Licinia de constitution. 
sodaliciis. In 55 Pompey had passed a lex iudiciaria, on 

^ Brother of Caesar's murderer, trih. joleh. 44 ; in 48 we find 
liim in Thessaly as one of Caesar's legates at the head of the 27th 
legion of the Tirones and 200 cavalry, and in great danger of 
falling into the hands of the Pompeians (Cic. Phil. 3 § 23, Caes. 
B. a 3. 34, 36). 2 ^^0 Pl. § 104. 


the liiies of which followed his lex Licinia de sodaliciis 
of 54. Even in the previous year a senatus consultum had 
been passed ut sodalitates decuriatiqtie decederent lexque 
de eis fei^retur ut qui non discesserint ea poena quae est 
de vi tenerentur ; but the disturbances coincident with the 
election of Pompey and Crassus to the consulate prevented 
it from being carried into effect. Crassus on entering 
ofl&ce brought forward and passed his own law de 
sodaliciis. The rigorous penalties proposed by this law, 
and the partiality which it shows for the accuser in these 
cases of sodalicium, prove clearly to what an extent the 
evil had grown, yet all legislation seemed powerless to 
stop, or even to give a check to, the practices at which 
it was aimed. It was the use of these electioneering 
clubs (vide infra § 16) of which Plancius was accused. 
Laterensis brought his charge under de sodaliciis, although 
probably the case was really one of amhitus ; he was 
induced to do this by the consideration that under de 
sodaliciis the penalties were more severe, and the constitu- 
tion of the court was more favourable to him as accuser. 
§ 6. Under the lex Licinia the court was composed of 
iudices editicii (i.e. a body of jurymen speci- 
ally appointed), of which body the iudices 
editi were those appointed (editi) to give their decision 
on a particular case.^ The accuser had the right of 
naming jurymen of equestrian rank, or trihuni aerarii^ 

^ Kopke jpro Pl. 

2 Originally the tribal officers who coUected taxes (aes) and dis- 
tributed pay to the army. In 70 B.c. they were inade into a distiuct 
order, and served on juries together with the senators and equites 


from four of the tribes in which the crime of soda- 
licium was supposed to have been committed. Of 
these tribes the defendant could challenge and reject 
only one — a fact which told very considerably in favour 
of the accuser. From the three remaining tribes, 
with the addition of a decury of the iudices of senatorial 
rank, a panel was formed consisting of 90 to 108 jury- 

Thus :— 

{equites . . 30 or 36 ^ 

I unlcss 

trihuni aerarii 30 or 36 }- ,. ,.„ , 

senators. . 30or36j disquahfied. 

From each of these bodies 5 or 10 might be removed 
by challenge. 


(equites . . .25 

editi -j trihuni aerarii . 25 

\senators . . 25 


Laterensis, according to the spirit of the law, ought 
to have named the tribes Terentina and Voltinia, which 
had shown themselves specially zealous in Plancius' sup- 
port, and which consequently might have been expected 
to have been influenced by the sodalicia in this case ; he 
preferred to follow the letter of the law rather than the 
spirit, and named the tribes Lemonia, Oufentina, Clustu- 
mina, and, with the certainty that it would be rejected 
by Plancius, the Marcia. 


The penalty for sodalicium was probably the same as 
that for breaches of the law de vi, that is to 
say, banishment for life and a fine in propor- 
tion to the extent of the bribery. CiceTo pro Pl. § 79 says 
that salus, patria, fortuna of Plancius were at stake. 
The prosecutor, if successful, could claim a reward, which 
usually consisted of a payment in money. This system 
of reward is not peculiar to the laws de sodaliciis, but 
was attached to most of the laws de amhitu. If the 
reward was in money, just as in the case of the fine, its 
amount was decided by the litis aestimatio, or assessment 
of damages, by which in Roman law such a penalty was 
fixed as the jury thought was proportionate to the 
magnitude of the crime. 

Thus Laterensis, although the charges against 
Plancius really came under the head of 
amhitus, brought his case under lex de 
sodaliciis, which pressed more severely on the accused 
because — 

(1) the court had to be composed of editicii; 

(2) the penalties were heavier ; 

(3) the reward to a successful prosecutor was larger ; 

(4) the enactments were more general; it was easier to 

bring indefinable acts of corruption under soda- 
licium than amhitus. 

§ 7. The trial lasted at least two days ; on the first 

The triai ^^1 Latcrensis opened the case for the pro- 

itseif. secution. Hortensius replied for the defence, 

confining himself for the most part to the questions of 



law involved in the case, after which thc evidence neces- 
sary for proof was given. On the second 

/ , . . /.1 Counsel. 

day Cassius (the suhscriptor for the pro- 
secution) spoke. Then foUowed Cicero's speech for the 
defence. Whether further proofs were put in evidence is 
uncertain, but probable. To speak last {extremo loco) 
was considered the place of honour, and was usually 
accorded to Cicero,i not only as the leading barrister of 
his day, but in order that the final summing up of the 
case, which was always the most emotional part - of an 
actio, might be in the hands of a man to whom all con- 
ceded the pre-emineuce in moving pathos. 

The witnesses were : — 

For Plancius, C. Sacerdos (§§ 27, 30), propraetor of 
Sicily before Verres, candidate for the con- 
sulship in 63. He had also distinguished 
himself in Crete as legatus of Q. Met. Creticus. 

L. Flaccus (§ 27), who as praetor in 63 had assisted 
Cicero in arresting the envoys of the AUobroges, and was 
defended by him on a charge of extortion. 

Envoys from Macedonia (§28). 

The following were present to give moral assistance : — 

Cn. Saturninus (§§ 19, 29), a relative of Plancius with 
whom he had been brought into connexion in Crete ; T. 
Torquatus (§ 27), with whom Plancius served in Africa ; 
Q. Metellus (§§ 27, 28), Plancius' superior officer in Crete. 

^ Cf. Orat. § 130 etiamsi plures dicebamus, perorationem mihi 
tamen omnes relinquebant ; Brut. § 190. 
2 Cf. infra 8 38. 


§ 8. As was usually the case with Cicero's speeches, 
Form of *^^ foTm of the Planciana as we have it 
speech. jjQ^ -g jjQ^ ^Yi^^ ^f ^j^g gpeech as delivered. 

Cicero, at the request of his brother Quintus, revised the 
speech carefully and published it in the auturan of 54. 
Ep. ad Q. Fr. 3. 1. 11 orationes efflagitatas pro Scauro et 
pro Plancio ahsolvi. 

§ 9. Plancius was acquitted.^ His acquittal, Kopke 
shows, was due to a great extent to Cicero's 

Result. ' ^ 

efforts, which were concentrated on the 
foUowiug points : — 

a. That Laterensis had acted against the spirit of the 
law in making the charge one of sodalicium, not amhitus. 

/3. That Plancius was virtually elected in the comitia 
held by Crassus in 55, which were postponed. 

y. The votes of Plancius and Plotius obtained in the 
same tribe could not prove that bribery had taken place, 
since both could not have been elected if both had not 
obtained the votes of the same tribe. 

8. The prosecution entirely failed to prove the exist- 
ence of a divisor, or agent for the distribution of bribes.^ 

The little that is known of Plancius' after-life is dealt 
with in § 13. 

§ 10. Marcus luventius Laterensis, the prosecutor, a 

rrj^e consistent supporter of the Optimates, was a 

prosecutor. ^^^^^^ ^^ Tusculum. By birth he was plebeian, 

but nohilis, since ancestors of his, both on his father's and 

^ There is a good deal of difference of opinion atout this. 
2 pro Pl. §§ 49, 53, 55. 


raother's side, had held the consulship. The most notice- 
able act of his life, which gained considerable applause from 
the Optimate party, was when in 59 he withdrew from his 
candidature for the tribuneship rather than take the oath 
which required all magistrates to support the agrarian 
law brought forward by Caesar.^ As quaestor he gave 
games at Praeneste (§ 63), and as proquaestor at Cyrene 
in 63 distinguished himself by his just and honourable 
treatment of the puhlicani and the socii. During the year 
59 L. Vettius, at the instigation of P. Yatinius, charged 
him with complicity in a conspiracy against Pompey ; but 
the trial never took place, and the attempt to damage his 
character served only to heighten his reputation as a 
good patriot.2 At the beginning of the speech Cicero 
protests his reluctance at having to oppose one who had 
always supported him and his views,^ both in general as 
a zealous Optimate and especially as a warm advocate of 
his recall from exile. Laterensis seems to have been an 
upright and conscientious politician, but his extreme 
views rendered him unpopular, and embittered by the 
success of the democratic party he retired into private 
life for a time. He reappeared in 55 as candidate for 
the aedileship of 54, but disdaining to resort to the 
ordinary methods of making himself popular with the 
electors, was defeated by Plancius and Plotius. Of his 
after-life we know little ; he was praetor in 51, and was 
an augur in 45.^ Two years later, in some letters from 

1 pro Pl. § 52, ad Att. 2. 18. 2. ^ ^^ ^^^ 2. 24. 3. 

3 pro PL §§ 2, 5, 72, 85. * ^^ ^j^^, 12. 17. 


Munatius Plancus ^ to Cicero, we find that both Plancus 
and Laterensis had become lieutenants in the army of 
Aemilius Lepidus, who was in charge of Hispania Citerior 
and Gallia Cisalpina. Lepidus, in spite of Laterensis' 
remonstrauces, deserted the senatorial party and joined 
Antony after the battle of Mutina, whereupon Laterensis, 
true to his convictions, committed suicide. 

§ 11. During the course of the speech Cicero very 
The defendant frequently alludes to the great debt that 
hisTeMion^ he owcs to Plancius for having protected 
to Cicero. jjj^j during his exile ; in fact, the orator 
considers that almost the strongest claim that Plancius 
has on the favour of the jury is that he welcomed 
and consoled the hero of the Catilinarian conspiracy 
in his banishment ; thus the speech opens with egregia 
et singularis Cn. Plancii in mea salute custodienda 
jides § 1. So § 98 quid debeam Plancio^ § 68 n^que 
ego nunc Plancio desinam dehe7'e ; similarly §§ 71, 25, 
95, where he rebuts the statement of his opponents 
that he has trumped up this great thankfulness to 
Plancius in order to appeal more movingly to his hearers. 
The frequent recurrence in the speech of the question of 
Cicero's debt to Plancius makes a closer investigation 
almost imperative. How far is Cicero genuine in his 
expressions of thanks? Did Plancius really deserve so 
well of him ? Or is it a mere rhetorical device of the 
speaker to recall to the minds of his audience the year 
of peril 63 b.c, when their lives and property had been 

1 adFam. 10. 11. 3, 10. 15. 2. 


saved only by tlie strenuous action of the consul Cicero ? 
— for whether the execution of the Catilinarians was a 
mere matter of acquiescence, as Mommsen ^ holds, or not, 
it is certain that in the eyes of the populace of Rome it 
was regarded as both strenuous and salutary. Does 
Cicero wish to make capital out of this on behalf of 
his client, and by reviving his own popularity hope to 
aid Plancius by the reflected glory^ Cicero certainly, 
subsequently to 63 b.c, hardly ever made a speech 
without alluding in some way to his consulship or his 
exile; and in a letter to Atticus (2. 22. 3) he shows a 
consciousness that in his actions of 63 lies his chief claim 
to popularity, by quoting as one of the most important 
signs of his improved political position the fact that the 
memory of his consulship has been revived. 

§ 12. The facts of Cicero's exile, during which 
Plancius was enabled to put Cicero under 

Cicero's exile. 

so great obligations, are briefly these. In 
the year 59 b.c. the so-called triumvirate of Caesar, 
Pompey, and Crassus having obtained the consulship 
for two of their adherents, Gabinius and Piso, and 
at the same time having elected Clodius tribune, 
proceeded to take such measures as should strengthen 
their own power. Caesar, always the leading spirit of 
the three, decided that the opposition of Cicero to the 
triumvirate must be put a stop to by some means or 
other. In this he was strongly opposed by Pompey. At 
first Caesar tried a policy of kindness to win over to his 

1 R. H. iv. 609. 


side a man whom he saw might be a formidable enemy 
but a useful friend, and two offices of considerable 
importance were successively offered to Cicero, either to 
be one of the select committee for carrying out Caesar's 
agrarian law, or else the position of Caesar's legatus in 
Gaul. Both these offers Cicero declined. Caesar, 
although anxious not to pain Cicero more than was 
necessary, decided to use force to attain his object, and 
employed Clodius, tribune for the year, as his agent for 
the removal of Cicero. Clodius undertook the task 
gladly, for Cicero was not only a political but a personal 
enemy of his ; he proceeded to point out the illegality of 
the execution of the Catilinarian conspirators, and by re- 
organising the collegia compitaliciaj street-clubs or gangs 
of roughs, he gained supremacy of the streets, succeeded 
in overawing the senate, openly boasting that he had at 
his back (as was true) the triumviri and Caesar's army.^ 
Pompey,2 in spite of his promises that Clodius should 
have to pass over his dead body before he harmed Cicero,^ 
deserted him ; Crassus, who had never been his friend, 
refused to bestir himself The violence, disorder, and 
terrorism in Rome grew to such a pitch that although 
Cicero had on his side the senate, the equites, and nearly 
the whole country population of Italy, it was felt by his 
supporters to be useless to attempt to marshal and collect 
these forces in time to oppose the well-organised gangs 
of Clodius * ; Cicero finally yielded to his friends' advice 

1 pro Sest. 17. '^ ad Att. 2. 20. 2. 

3 Cf. ad Att. 2. 22. 2. 

^ Cf. Strachan-Davidson Gicero p. 233, 


and, although Clodius had not yet brought up his 
bill, retired from the city. This was probably on 25th 
March 58 b.c. On the 8th of April he was at Vibo 
stopping with his friend Sicca ; anxious to go to Sicily, he 
was warned by Vergilius ^ the praetor that he was not 
to set foot on the island. Cicero consequently changed 
his route and turned back to Brundisium, intending to 
pass over to Greece. Hesitating to stay long with any 
one for fear of bringing trouble on his benefactors, 
he refused to enter Brundisium in spite of the zeal of the 
citizens on his behalf,^ and stayed in Flaccus' villa outside 
the town till 30th April, when he embarked for Dyrrha- 
chium. When he arrived there he found his worst fears 
confirmed, that Achaea and most of Greece were infested 
by roving bands of Catilinarians.^ He consequently 
turned to Macedonia, hoping to escape before they were 
informed of his arrival. Here Plancius, who was quaestor, 
no sooner heard of his landing than he came himself to 
Dyrrhachium to find him. Laying aside all the pomp of 
magistracy, he conducted him with all the attention of a 
private friend to his headquarters at Thessalonica about 
the 21st of May.* The propraetor of the province at the 
time was L. Appuleius, a friend of Cicero's ; he did not 
venture, however, in his official position to welcome Cicero, 
but contented himself with allowing the action of his 
quaestor Plancius to pass unchallenged.^ With Plancius 
Cicero stayed till the 25th of November in utter dejection, 

1 ^o ri. § 96. 2 ib, §§ 97^ 98. 

3 ib. § 97, red. in Sen. 14, ad Att. 3. 7. 1. 

4 Melraoth lAfe p. 98. ^ pro Pl. § 97. 


frightened at the military retinue of his host, so shy of 
publicity that he says he could not endure the light of 
day.i. His letters during the year are full of unmanly 
complaints,2 base suspicions of his best friends,^ self- 
reproach for the course he had adopted, and often blind 
despair. Plancius was to be succeeded in the quaestor- 
ship by Piso the consul, an enemy of Cicero ; he started 
for his province about the end of November,^ having 
been preceded by his troops, whose arrival at Thessalonica 
caused Cicero to move to Dyrrhachium. Plancius had 
hoped that Cicero would be recalled in time to go with 
him to Rome on the expiration of his quaestorship ; ^ this, 
however, was impossible, as the decree for Cicero's recall 
was not passed till 4th August 57, on which day Cicero 
left Dyrrhachium for Rome. Many abortive attempts, 
bowever, at his restoration had been made. As early as 
June 58 L. Ninnius Quadratus proposed his recall, but 
although the proposal was approved unanimously by the 
senate, a tribune, Aelius Ligus, placed his veto on it.*^ 
On 29th October eight of the tribunes proposed a bill for 
Cicero's recall, which was supported by the consul-elect 
of the next year, P. C. Lentulus Spinther. On the Ist 
of January he proposed Cicero's recall, and was supported 
by Pompey; various technical difficulties were raised, 
and it was only on 23rd January that the bill was again 
discussed. A riot ensued, caused chiefly by Clodius' armed 
rabble, with the result that Sestius ^' and Qu. Cicero were 

1 ad Att. 3. 7. 2 ad Fam. 14. 1, 2. 

^ ad Att. 3. 9. 2. * pro Sest. 33. 71. 

5 ad Fam. 14. 1. « pro Sest. 31. 68. ^ ib. 35, 


both wounded. Several months passed, during which 
nothing ofRcial was done at Rome on Cicero's behalf. 
Subsequently the senate passed various decrees in Cicero's 
favour, but their purport and their date are uncertain ; 
one is mentioned in this speech,i a vote of thanks to the 
allies and Cn. Plancius for protecting Cicero, and recom- 
mending him to the care of foreign priuces ^ and provincial 
governors. Finally, in consequence of the decree (lex 
Cornelia de restituendo Cicerone) which passed the 
comitia on 4th August,^ Cicero left Dyrrhachium, and 
on the next day arrived at Brundisium. 

§ 13. Such then is the part which Plancius played in 
the eighteen months of Cicero's exile ; other facts about 
him we gather chiefly from the pro Plancio and from 
Cicero's letters. He was of equestrian rank,* a native of 
the praefectura Atina in the neighbourhood of Arpinum, 
and had considerable influence in Rome, especially 
through the agency of his father, a man piandus' 
of strong and independent character whom father. 
Cicero calls nimium retinens equestris iuris et libertatis.^ 
As manager, and possibly founder of several of the 
tax-farming companies, princeps puhlicanorum, maxi- 
marum societatum auctor, plurimarum magister,^ he 
greatly furthered his son's election. He had distin- 
guished himself in 61 by the insistency with which 
he demanded for a company of tax-farmers (publicani) 

1 pro Pl. § 78. 2 ^j.f) ggsf^ go. 128. 

3 ad Att. 4. 1. 4, Or. in Pison. § 35, pro Sest. 63. 

4 pro Pl. §§ 17, 32. 5 ib. § 55. 6 i^, §§ 24, 32. 


an abatement of the price they had paid for the taxes 
of Asia. This abatement the senate, with Cato at 
their head, refused to give, but finally C. Julius Caesar 
brought the matter before the people and obtained a 
remission of one-third of the amount ofFered.^ 

Cn. Plancius, the son, as a young man served in 
pianciusand ^frica under the propraetor A. Torquatus, 
cicero. ^^^j ^^j^ years subsequently, in 68, accom- 
panied Q. Metellus when he went as proconsul to 
Crete. In 62 he was military tribune in the army 
of Antony, who was then proconsul of Macedonia, 
and it was there that he informed Cicero of the ex- 
tortions which the proconsul practised in Cicero's 
name.2 In 58 he was in the same province (Macedonia) 
as quaestor, under Appuleius as propraetor, with head- 
quarters at Thessalonica, where from May till November 
he entertained the exiled Cicero. On the expiration of 
his term of office, i.e. about December 58, he returned to 
Rome to become a candidate for the plebeian tribunate of 
56, to which he was elected in 57.^ During his term of 
oflBce he showed himself a vigorous opponent of Clodius 
and an ardent supporter of the Optimate party. In 55 
he was candidate for the curule aedileship of the year 54 ; 
owing to the disturbed state of Rome the elections were 
put off till 54.* He was elected aedile, with A. Plotius 
as coUeague, but not until six months of what should 
have been their term of office had expired. Brought to 

1 pro Pl. § 35. 2 c^ j^ii^ i^ 12. 

3 pro Pl. §§ 26, 28, 60, 77. ^ vide supra § 2. 


trial by Laterensis for illegal practices in conducting his 
canvass, he was acqiiitted,! and not long after, when 
civil war broke out, he cast in his lot with Pompey, and 
in 46 was in exile in Corcyra, to which place Cicero 
wrote him letters of condolence^ commiserating his 
misfortunes and those of the Republic. Several scholars 
state that there was a marked coolness between Plancius 
and Cicero after the latter's recall. Thus Melmoth^ 
states that ' although Plancius had received the tribunate 
as a reward for befriending Cicero, yet he studiously 
slighted Cicero.' J. H. Newman,^ too, talks of Cicero as 
' good-natured to remember the services rather than the 
cold neglect of Plancius,' but in the pro Plancio at least 
we have no evidence for this. If it be true, then many 
of Cicero's expressions of affection in the pro Plancio 
are forced and unreal ; but apart from this, it is hard to 
believe that there was nothing in the charges of his 
detractors, which he is at such pains to rebut, that a 
great part of his zeal for Plancius was exaggerated and 
fictitious. Cicero was a friend of both litigants, for 
Laterensis had shown great sympathy for him in exile, 
and had taken part in the movements for his recall.^ In 
general, too, the genuineness of Cicero's friendships 
may with reason be doubted; his disposition was too 
self-centred, too uncertain and changeable, to ever be 
really attractive. Even of his letters to Atticus his 

^ vide supra § 9, 

2 ad Fam. 4. 15, 16 ; cf. 6. 20, 16. 9 ; ad Att. 1. 12. 

3 Li/e p. 140. 4 ' Cicero ' JSncycl. Metro. 214. 

5 Or. in Vatin. § 26, ad Att. 2. 24. 3. 


devoted admirer Boissieri can say 'quoiqu'il s'adresse 
au fidhle Atticus on croit entendre un ^cho des harangues 
solennelles qu'il vient de prononcer au sdnat et devant le 
peuple ' ; whiist Mommsen talks of a lack of conviction, 
a lack of passion, a thinly varnished superficiality and 
heartlessness, which could not but be incompatible with 
genuine friendship and truth of intercourse.^ 

Amhitus and its restrictions 

§ 14. The moral decline of Eome may be dated as 
Corruption commeucing about the years 180-150 b.c. 

atRome. rpj^g immcnse increase of wealth, the in- 
fluence of the Asiatic army with its eastern luxury, un- 
known to Italy before, were causing Rome to acquire new 
and more refined vices without taking away the grossness 
which was already there. All grades of society were 
corrupt and demoralised, both in public and private life ; 
the extent of the corruption in public life is borne witness 
to by the fact that within fifteen years no less than seven 
laws were passed to check corrupt practices at elections. 
The young nobles were crowding to take up a political 
career, not from any patriotic motives, but to recoup their 
shattered fortunes by gaining such office as would give 
them a province to plunder.^ Nor had the provinces 
much chance of redress : provinciae populatae vexatae 
funditus eversae socii stipendiariique populi Romani 

^ Gaston Boissier Ciceron et ses Amis p. 14. 

2 Mommsen R. H. iv. 609. 

' in Pis. 6. 12 Gabinius is a ruined man unless he gets a province. 


adflicti miseri iam non salutis opem sed solacium 
exitii quaerehant} Their only hope was to bring their 
extortionate governor to trial after his term of oflace was 
finished, but even then he had usually made enough 
money from the province to bribe the judges and thus 
ensure his acquittal. As Verres openly admitted, he 
wished to divide his plunder into three parts, one for 
himself, another for his advocates who should defend him 
in his trial for extortion, the third for the jury to procure 
his acquittal. To gain a province, then, a noble must 
be elected to one of the higher offices; to obtain that 
election any method was good if it succeeded. Now 
began the era of pitiful flattery, when Roman magistrates 
no longer ventured to demand of citizens that they should 
give their property, or if necessary their lives, for the good 
of Rome, when young nobles were willing to cringe to 
every ragged idler in the street and gain votes by begging 
or by buying.2 Cicero in one of his letters says that in 
the year 54 the rate of interest rose from 4 to 8 
per cent owing to the great demand for money to be 
spent in bribes. amhitus redit immanis, nunquam fuit 
par. Idihus Quintil. fenus fuit hessihus ex triente {ad 
Q. Fr. 2. 14. 4). We are told, too, that £100,000 was 
promised for the vote of the centuria praerogativa. 

§ 15. As mentioned above, legislation was frequently 
resorted to to repress the growing corruption, Meaning of 
to check amhitus or corrupt practices; for «™^^<ws- 
amhitus had now this meaning, though originally it meant 

^ Div. in Caec. § 7. ^ cf. Mommsen R. H. i. 75 E.T. 


nbthing more than canvassing; but canvassing and bribery 
were now synonymous. The best English term for 
amhitus is *corrupt practices'; but the troublesome 
question is always present, when did the Romans use the 
term ambitus as meaning legal, when illegal, practicesl 
Cicero himself cannot say exactly. He seems to talk of 
henignitas as legal, being opposed to amhitus illegal, and 
liheralitas similarly as opposed to largitiones. This 
much is certain, the elections were always more or less 
corrupt ; but the methods of corruption were many and 
varied. The laws singled out now one point, now another, 
to stigmatise as illegal, so that a clear idea of the various 
crimes which were considered punishable as amhitus can 
be gathered only from the different enactments of the 
leges de amhitu and leges de sodaliciis. The latter laws 
were directed against a special branch of corrupt practices, 
which gradually became so well defined and so important 
that amhitus was thus divided — 

y.,, , ^- s f larqitio (bribery in ffeneral). 

amM^MS (corrupt practices) -^ f ■,■ . >-ii i i- i.- x 
^ ^ t soc^aZicia (illegal combmations). 

§ 16. Largitio was regulated by special agents, 
sometimes men of position, who trafBcked, so to speak, 
in public oflSces, and knowing as they did the particular 
needs of thi* and that tribe, possessing too sometimes a 
far-reaching influence, hired themselves out to the highest 
bidder among the candidates, who was thus rendered 
secure from any personal accusation of bribery. The 
first thing then that a candidate did was to obtain large 
sums of money, often at a huge rate of interest. This 


he usually placed with trustees (sequestres) ; the agents 
(interpretes) made all arrangements for the obtaining of 
votes, agreed upon the price, and promised the money 
{pronuntiahant pecuniam). Finally, when the election 
was over, another set of agents, the divisores, distributed 
the money ; one of the reasons that the money was not 
paid at once, but was left with the sequestres, was that 
very high prices were paid for the votes of the centuria 
or trihus praerogativa,^ whose vote usually was followed 
by the other electors ; and as the privilege of voting 
first was determined by lot at the commencement of 
the poll, nothing could be decided till the election was 
over. It is possible that the divisores ^ were a regularly 
constituted body established for the distribution of corn 
and other legal largess, but who naturally used their 
position and experience to further the aims of unscrupu- 
lous candidates. 

The restrictions which the laws placed on largitio 
afiected three points — 

(1) Direct bribery {largitio) by a candidate was forbidden. 

(2) The number of followers (sectatores) was limited. 

(3) The expenses of games were curtailed. 

Thus the legal aspect of largitio was — 

r largitio direct, not by means of clubs. 

l^rgitio ifjf''' 

amhitusl general 1 ' 

I \sectatores 

\ sodalicium. 

^ Cf. supra § 14. ^ Qentile Elezioni Romane p. 246. 


The question of what was meant by the crime of 
sodalicium (illegal combination) and what were the 
collegia sodalicia is much more complicated. The 
sodalicia, against which the lex Licinia de sodaliciis 
was directed, were associations of a purely political 
character — electioneering clubs organised with the express 
object of obtaining votes by bribery, intimidation, or 
otherwise, and for the mutual defence and support of 
members who might be impeached for such practices. 
The law considered that a man was guilty of sodalicium 
if any of the following charges could be proved against 
him : — 

(1) conscriptio trihulium, that he had joiued an electioneering 
club and enrolled members in it {conscrihere). 

(2) decuriatio trihulium, that he had divided the members 
of a tribe into divisions, to facilitate unity of action in in- 
fluencing the election. 

(3) prommtiatio pecuniae, that he had promised them monej'-, 
which he had deposited with sequestres (trust-agents). 

(4) discriptio populi, that he had divided other tribes into 

(5) divisio pecuniae, that he had actually paid money to 




sodalicium - 

f largitio direct. 
-| ludi. 
l sectatores. 

conscriptio trihidium. 


p7'onuntiatio pecuniae. 

discriptio populi. 

divisio pecuniae. 


§ 1 7. Wherein then did the crime of sodalicium differ 
from ambitus ? 

The distinction between the two can be arrived at 
only by looking at the question legally, and considering 
the different enactments made for their repression. This 
much seems clear : several laws were passed to check the 
growing corruption at elections — these were the leges 
de ambitu ; they were for the most part unavailing. 
Legislation was then directed against a new and growing 
method of corruption, the electioneering clubs — these 
were the leges de sodaliciis ; but — a not uncommon 
phenomenon in Roman legislation — the two sets of laws 
traversed the same ground. The laws de sodaliciis were 
more fully developed and elaborate enactments, which 
attempted by a process of narrowing down to fasten 
on the more minute details of corrupt electioneering. 
But there is no doubt that the term ambitus is often 
used very loosely. The points in which the leges de 
sodaliciis differed from those de ambitu may be roughly 
tabulated : — 

(1) They were directed especially at corrupt practices carried 
on by means of sodalicia. 

(2) The court before which the cases came had to be composed 
of iudices editicii, a fact which worked considerably in favour 
of the prosecutor ; vide supra § 6. 

(3) The penalties were greater. 

(4) The reward offered to a successful prosecutor was probably 

(5) Any citizen might be tried by them — not merely a suc- 
cessful candidate, but any one, whether in or out of office, 
who was supposed to have made use of the sodalicia. 


(6) The procedure they prescribed was in general more strict ; 
e.g. although a person was absent on state service he was 
compelled to attend the case. 

The foUowing are the chief laws passed to check 
corrupt practices at Kome : — 


432. Lex Pinaria, trihunicia. ne cui album in vestimentum 

addere petitionis liceret causa. 
358. Lex Paetelia. Canvassing to be allowed only in the Forum 

and Campus Martius, and not on market days or at 

country gatherings. 
181. Lex Cornelia Baebia probably made the penalties heavier. 
159. Lex (?) Cornelia Fulvia. Those convicted of amhitus de- 

barred from candidature for ten years. 
67. Lex Acilia Caljpurnia inflicted heavier fines on all con- 

cerned in amhitus ; suppressed treating of electors. 
QQ. Lex Fabia, limiting the number of sectatores. 
63. Lex Tullia (Cicero) adds penalties to the lex Caljmmia, 

and prohibits the giving of public shows by a candidate 

two years before his offering himself for election. 
55. Lex Licinia de sodaliciis ; vide Introd. § 6. 
52. Lex Pompeia de amhitu, directed against electioneering 

clubs, on the formation of which it imposed more 

stringent penalties. 
18. Lex Julia fixes penalty as five years' banishment, with 

fine of 100,000 sesterces. 

§ 18. Eledions at Rome. — The electoral body at 
Rome during the period of the highest 
development of political life there was 
constituted as follows ^ : — 

(1) Those citizens more than 17 years old who were 
free by birth and who possessed sufficient property to be 

1 Zumpt CriminaZ-prozess p. 528. 


inscribed in one of the five classes wliich were said to 
have been instituted by Servius.i 

(2) Capite censi, or proleiarii, those whose property 
did not entitle them to a place in any of the five classes. 
Their vote was of little value : e.g. in the comitia 
centuriata the proletarii formed one century, whilst the 
other five classes made up 192. 

(3) Freedmen {liberti) who, though they and their 
descendants (lihertini) voted, yet did not really possess the 
ius honorum. They were compelled to vote in the four 
city tribes where their influence could make itself least felt. 

(4) Outside the electoral body there still remained the 
cives sine suffragio, or aerarii,^ so called because they 
paid aes or poll-tax fixed not by the ordinary rules of the 
census, but according to the personal caprice of the 
censors. They were citizens who had suflfered either 

1 Gow 

Companion p. 199. 


Census in asses. 




1 Equites . . 18 
iPedites . . 80 



Pedites and Fahri . 22 



Pedites . . 20 



Pedites and Cornicines 22 



Pedites . . 30 



Pedites . . 1 


2 Sometimes called municipes, because several municipia were 
sine suffragio, or Caerites, because this civitas sine suffragio was 
first granted to the town of Caere, in return for its assistance in 
the Gallic war 353 b.c. Cf. Hor. Epist. 1. 6. 62 Caerite cera [i.e. 
tabula'] digni. 


infamia or ignominia ^ and consequently lost their votes, 
but in the case of ignominia they might regain their votes. 

§ 19. Comitia. — The comitia, or meetings of the 
electoral bodies, were of two sorts ^ — comitia centwiata 
and comitia trihuta. 

(I) The comitia centuriata, or meetings by centuries, 

Crnnitia '^^^^ iustituted by Servius Tullius, and must 
centuHata. opigjnally havc been of a purely military 
nature, with divisions according to property; this military 
and timocratic character persisted for some time, but by 
degrees disappeared and was merged in the democratic 
tendencies of a later age.^ 

The function of the comitia centuriata was to elect the 
more important magistrates, consuls, praetors, and censors 
— hence the terms comitia consularia, praetoria, censoria. 

^ infamia — loss of civil rights for life, a punisliment for crime ; 
ignominia = censnTe of the censors, nota censoria, loss of rights 
probably for a liistrum, or five years. 

2 The comitia curiata, a purely patrician assembly, met only to 
perform such formalities as conferring imperium on a king, or 
deciding questions of peace or war, and canuot be regarded as a 
genuine assembly of the Roman people. 

^ This change is usually supposed to have taken place about 
260 B.C. ; at any rate the comitia were reconstituted on a fairer 
basis. The thirty-five tribes were divided into five classes, and each 
class into two centuries, one of iuniores, the other of senioi'es ; 
eighteen centuries of knights were added, and five of fabri, prole- 
tarii, and cornicines. All classes had an equal number of centuries, 
and calculating the votes by centuries it follows that every class 
had an equal number of votes — a marked contrast to the procedure 
instituted by Servius Tullius. The undue influence of the wealthy 
classes was thiis miniraised. Cf. Bonino^o Pl. Introd. xi., Livy 
1. 43, 24. 7, 26. 22, 27. 6. 


Tlie convener of comitia centuriata must necessarily have 
imperium (i.e, be consul, praetor, dictator), it being 
technically a military assembly ; it is sometimes even 
called exercitus, and its meetings had to 'take place 
outside the city, most usually in the Campus Martius. 

(2) The comitia trihuta, or assembly of the tribes,i was 
a product of the gradually increasing demo- 

. . , Comitiatributa. 

cratic tendencies of the Roman constitution, 
and represented at first merely informal meetings held by 
tribunes. By degrees, however, the comitia trihuta was 
systematised, and became the regular assembly for electing 
tbe minor magistrates, tribunes, aediles, quaestors (hence 
comitia trihunicia,- aedilicia, quaestoria), and all officers 
whose duty it was to superintend the various branches 
of public administration, finance, justice, public security, 
etc. ; thus the people assembled in comitia trihuta elected 
the trihuni legionum, the curatores navium.'^ The 
meetings of this assembly were usually held in the 

§ 20. The comitia for the election of magistrates, un- 
less prevented by unforeseen circumstances, procedureat 
were held in July or August, on a day ^^^^^^^^^- 

^ We must keep entirely distinct from tlie comitia trihuta the 
assemblies of tlie tribes under the presidency of tlie plebeian 
magistrates (tribunes and plebeian aediles), i.e. the concilium plehis, 
which was not an assembly of the whole people, as it was convened 
by magistrates who could not summon patricians. Its resolutions 
were not, strictly speaking, leges, but on\y plebi scita. Smith Dict. 
Ant. i. 510 ; cf. Mommsen RiJm. Forsch. 1. 195. 

'^ Gentile le Elezioni p. 95. 


which was not nefastus,'^ nor a feast day, nor a day for 
which a iustitium had been proclaimed — that is, cessation 
of all business, legal and otherwise. They began at sunrise 
and continued to sunset, the proceedings being always 
opened with prayer. The presiding magistrate of the 
comitia centuriata, and also the comitia tributa, at the 
election of curule magistrates^ was a consul, or more 
rarely the praetor urhanus, who at the election occupied 
the Rostra (i.e. if the election was in the Forum, viz. a 
meeting of the comitia trihuta) and directed proceedings. 
As stated above, the elections took place in the Campus 
Martius or the Forum, the comitia centuriata usually 
meeting in the Campus Martius, the comitia trihuta in 
the Forum ; in both cases the ground was divided by 
ropes or barriers into saepta or ovilia, enclosures which 
probably extended in semicircular form, leaving an open 
space in the centre. From these saepta voters had to 
pass along the pontes or narrow passages, at the top of 
which stood the rogatores, or returning officers, who 
marked off the votes {punctum^) on a tablet as each 
citizen passed by and gave the name of the candidate he 

^ nefastus, opposed to fastus or profestus ; the dies comitiales, 
days on which comitia could be held, were necessarily profesti, but 
the inverse proposition does not hold, many dies profesti having an 
interval in them which was nefastus. 

^ Ciirule magistrates = consul, censor, praetor, curule aedile, 
dictator, magister equitum. The original meaning of curtdis seems 
to have been ' one who is allowed to drive within the streets of the 
city,' and is thus connected with currus. Cf. Mon, Ancyr. triumphus 
curulis, translated ^0' dpiuLaTos. Mommsen Staatsrecht i. 396, 

^ Cf. punctum ferre, to be successful ; Hor. A. P. 343 omnetulit 
punctum qui miscuit utile d/>.dci, 


wislied to vote for. In later times the voting was by 
tablets (tahellae), which were distributed before the poU 
by dirihitores and then deposited in baskets. Before the 
poll could commence the auspices had to be taken by the 
presiding magistrate — at the Rostra if the meeting was in the 
Forum,in the Hortus Scipionis^ if in the Campus Martius, 
If the auspices were unfavourable the elections were 
postponed, and any inferior magistrate could bring this 
about by announcing unfavourable oraens (ohnuntiatio), a 
principle which in later times became a political engine 
of considerable power; a magistrate had merely to 
announce that he had seen a flash of lightning,^ and the 
comitia could not take place, as a thunderstorm was 
always at an election co»sidered most ill-omened; 
similarly, if any of those present were seized with a 
sudden fit or epilepsy (morhus comitialis ^) the elections 
could not continue. If the auspices were favourable, 
the polling commenced at the century or tribe to which 
had been assigned by lot the privilege of voting first 
(centuria or trihus praerogativa ^). The candidates had 
already given in their names (projitehantur nomina) in 
the Forum about seventeen days (trium nundinarum 
tempus) before the election took place. The names of 

^ The Hortus Scipionis was an enclosure in the Campiis Martius 
which had been 'inaugurated,' i.e. considered as a templum 
{Tifievos) or auguraculum, where spectio or auspice-taking was 
allowed. Cf. Mommsen Staatsrecht i. 89, 109, ii. 9. 

2 Cf. Mommsen Staatsrecht i. 80, 98, 105. 

^ morbus major or sacer. Festus p. 254 Miill. 

■* Cf. pro Pl. § 49 and infra § 21. 


the successful candidates were announced {renuntiatio) by 
the presiding magistrate after the votes had been counted. 

Such was the method of procedure in the calmer days 
of the Kepublic, but from the times of the Gracchi 
onward the Forum and Campus Martius at election time 
were frequently the scene of turbulent riot, and not 
infrequently of bloodshed. 

The period between the professio and the actual 
election was spent by the candidates in canvassing 
(ambitus). This term ambitus, originally meaning merely 
a going-round (ambire), changed its signification as time 
went on, and the distinction between its two meanings of 
legal and illegal canvassing is not always easy to draw.^ 

§ 21. According to the original division of the centuries 
Praerogativa. ^^^ voting thc kuights votcd first ; there did 

History. jj^^ ^^^g^ g^^y arrangement by which any one 
century had the right to give its vote first — all voted 
simultaneously. It was only after the reformation, 
probably in 260 b.c, of the centuriate assembly that one 
century was chosen by lot, probably from the centuries 
of the first class, to give its vote first, the remaining 
centuries polling in order^ (i^tre), i.e. simultaneously. 
The object of this arrangement was to abolish the privilege 
of the knights, who now gave their votes partly with, 
partly after the first class. In later times everything at 
elections centred round this praerogativa {centuria or 
tribus), i.e. the century or tribe to which the lot assigned 
the first position at the poll. The choosing of this prae- 

^ vide supra § 15. ^ Mommsen Staatsrecht iii. 294. 


rogativa by lot, after a preliminary prayer, opened the 
electoral proceedings. It is certain that when the 
centuries met for the election of magistrates, possibly too 
at their other meetings, the great number of voters, the 
necessity of avoiding division of votes, and the fact that 
the election must be completed by sunset, induced the 
divisions which voted later to usually vote the same way 
as the praerogativa ; this was especially the case in the 
later Eepublic.i Thus it usually happened that in 
electoral comitia the candidate who obtained a majority 
in the praerogativa (tribus or centuria) was elected. 

The inequality of this system and the opportunities 
which it afforded for illegal canvassing are 

^ ^ Valueofvotes. 

pointed out by Gentile.^ The object of a 
candidate was to procure the votes of a majority in each 
of the 35 tribes ; if he could obtain a majority in 18 he 
had an absolute majority and his cause was won* A 
clearer view of the proceedings may be obtained by 
examining an imaginary election (under comitia tributa) as 
follows. The tribes were 35 in all, a majority consequently 
was 18 ; suppose for sake of clearness each tribe to have 
contained 100 voters,^ the 18 tribes of the majority had 
1800 votes, the 17 of the minority 1700, but if in each 
of the 18 tribes of the majority it should happen a 

^ Cf. Mommsen Staatsrecht iii. 398, pro Fl. §§ 20, 49, ad Q. Fr. 
2. 14. 4, de Div. 1. 45. 103. 

^ le Elezioni etc. p. 240. 

^ This number is not of course intended to represent in any 
way the actual numbers in a tribe, but is taken merely to facilitate 


candidate got 60 votes, he was elected with 1080 votes 
over a candidate who might have gained 1 700 votes from 
the minority tribes in addition to the votes of the 
minority in the tribes who had a majority for his opponent 

= 40x18 = 720; thus the unsuccessful candidate might 
have 2420 (i.e. 1700 + 720) votes, the successful 1080. 
Similarly in 373 centuries the majority was 187, and a 
mere majority obtained in each of these 187 might be 
stronger than the unanimous vote of the other 186. 
Irrational as this may seem, it appears to have been 
certainly possible, unless we suppose that every century 
and every tribe was always unanimous, having agreed 
beforehand for whom they would vote, which seems im- 
probable. The Roman electoral system has been well 
characterised as a method of 'voting by sample.' 

§ 22. The object then of canvassing {ambitus) was to 

Canvassing at sccure a majority of voters in each tribe, 
Rome. ^^^ j^ jg noticeable that Roman laws did not 
hold amhitus to be a crime when aflfecting individuals, 
but only when attempts had been made to gain coUec- 
tively the votes of a tribe or century. 'Questions of 
party and policy held but a small place in Roman elections; 
a competitor for office was not expected to put forth 
any political creed, he rather strove to give a general 
impression of his statesmanlike qualities and efface his 
political connexions as much as possible ; a Roman elec- 
tion was a question of men not measures ' ; ^ ' each voter,' 
says Oicero joro Pl. 4. 10, 'considers more frequently 

^ Strachan-Davidson Cicero p. 90. 


what claims the candidate has on him than what claims 
he has on the commonwealth ' ; to gain this personal 
favour was the first business of a candidate. The 
methods of gaining it we gather from Cicero's letters and 
speeches, who, e.g. ad Att. 1. 1. 2 and elsewhere, states 
clearly his approval of the whole system of amhitus: nos 
in omni munere candidatorio fungendo summam adhihehi- 
mus diligentiam. Plutarch too, Cat. min. 49 and 50, 
mentions that Cicero often blamed Cato for disdaining to 
make use of the ordinary methods of canvassing. But our 
best guide in such matters is the treatise of Cicero's 
brother Quintus de petitione consulatus, a practical hand- 
book of the art of canvassing. 

Public opinion at Rome always attached special im- 
portance to the votes gained by a candidate in his own 
tribe or century, and not only the candidate himself but 
also his rival or rivals exerted themselves most strenu- 
ously within this area,^ and the members of such a body 
expected to be specially entreated for their 'vote and 
support.' Quintus Cicero recommends the following pro- 
cedure to his brother : — semper cum multitudine esse, to 
make himself prominent among his constituents, to know 
all of them by sight and to greet them familiarly, pren- 
satio, in which he was helped by nomenclatores or slaves 
whose business it was to mention the names of the citizens 
to their employer when they chanced to meet him ; to 
be always accompanied by followers, deductores, fautores, 
sectatores ; to give banquets of which Q. Cicero says fac ut 

1 pro Pl. 41-46, dejpet. cons. 18. 31-32. 


convivia ahs te et ah amicis tuis CQncelehrentur et passim 
et trihutim {de petit. § 44) ; entertainments for the people 
at the candidate's expense ('it was for these that the 
aediles ransacked the world for the gift of wild beasts and 
the loan of works of art, that Caesar displayed gladiators 
in silver panoply, and that Scaurus invented his movable 
theatres which, when the plays were over, were wheeled 
round, spectators and all, so as to forra an amphitheatre 
for the exhibition of fighting ' ^). The assigning reserved 
seats at these shows to members of the candidate's tribe 
or influential electors generally, was a method of gaining 
popularity which was especially aff^ected by the aediles. 

All these methods then of gaining votes were considered 
legal ; one other method needs special notice because it was 
employed by the defendant in our case — Plancius.^ This 
is coitio, or a coalition between two candidates to oust a 
third candidate and if possible obtaiu an absolute majority 
of the thirty-five tribes, the two mutually contributing, as 
it were, the votes of those tribes of whose support they were 
certain. The term for this was trihum concedere or con- 
ferre. These coitiones were of a private nature ; a notable 
example is the formation of the so-called triumvirate ^ at 
Lucca in 56 to oppose the candidature of L. Aemilius. 

Rhetoric of the 

§ 23. Under the term ' Rhetoric ' the ancients under- 
stood all such training as helped in the 


preparation of written or spoken speeches, 

^ Strachan-Davidson Cicero-p. 95. 
2 pro Pl. § 54. 3 Kopkei?ro Pl. § 13. 


a Theory of Oratory, in short the art of Persuasion. 
Thus the pre - Aristotelian definition, e.g. of Gorgias 
427 B.c. and Isocrates 380 b.c, is prjTopiKrj ia-Ti 
Tkxvr) . . TTiiOovs Sr]fxtovpyos.^ Aristotle himself 
says {Rhet. i. 2 T€^vr] prjTOpLKrj) Svva/jns Trepl €Kaa-Tov 
Tov Oiioprjarac to €v8exop-€vov TnOavov, with which Her- 
magoras agrees in the main, SvvafXLs tov ev Xeyeti/ : 
by degrees, however, Rhetoric was regarded less as a 
SvvafMLs, mere ability, skill, and more as a t^x^V^ an 
art or science, technology, and the definition of Quintilian 
based on Xenocrates may be taken as representing the 
general view in Ciceronian times, bene dicendi scientia. 

§ 24. Some short knowledge of Rhetoric and 
its methods is a necessary complement of 


classical studies in order to estimate the 
extraordinary influence and importance of oratory 
in both the public and private life of the Greeks and 
Romans; so large a part, too, of classical literature 
is of a rhetorical nature that a knowledge of the tech- 
nicalities of forensic composition is almost imperative 
for a clear comprehension of them. Lastly, a subject 
deserves more than a passing interest which for 2000 
years was the chief, at times the only, educative agent 
in the training of a gentleman : for from the year 400 
B.c. in the hands of the Sophists ; at the various schools 
of Rhetoric, such as that of Molon at Rhodes, to which 
young Romans went as to a university ; at the univer- 

^ Sext. Empir. adv. Rhet. 61 p. 587, Plutarcli (the neo- 
Platonist) in Rhet. graec. Walz vii. p. 33. 


sities of the Middle Ages, where the chairs of Rhetoric 

were the most sought after, as part of the trivium 

and quadriviumi; ^t Cambridge, where even in 1550 

Aristotle, Quintilian, and Cicero were text-books — in all 

these different spheres, in fact over all civilised Europe 

for nearly twenty centuries, the study of Rhetoric is 

closely woven into the cuiture-life of mankind. In 

spite, too, of the exaggerated classification, elaborate 

technique, the over-subtle refinements of rhetorical 

systems, yet, inasmuch as the art of Rhetoric has ever 

been based on experience and usage, a great many of its 

methods are useful for orators in any age. 

§ 25. Thucydides talks of Pericles as Xeyetv Kal 

Trpdcra-eiv SwarwraTos (i. 139) of his con- 
History. . . » , , , ,, 

temporaries at Athens, but there is no 
evidence of his having studied oratory as an art. For 
the origin of Rhetoric as a science we must look to Sicily. 
Khetoric in "^^^^ ^^ "^^^ *^^* Empedoclcs distinguished 
Siciiy. himself by the fluency of his expression and 
his skilful use of metaphors, so that Aristotle regards 
him as the founder of Rhetoric ; but of a system or art 
there is no trace. It was a certain Corax (flor. 466) 
and his pupil Teisias who first put together a Texvr} or 
hand-book of rules and directions for litigants with regard 
to disposition and argumentation, and on which a theory 
of eloquence was based. The need for such systematic 
hand-books was caused by the frequent lawsuits insti- 

^ In the Middle Ages the sciences were divided into two courses, 
trivium, i.e. grammar, logic, and rhetoric, and quadrivium, i.e. 
music, arithmetic, geometry, and astronomy. 


tuted by the numerous political exiles on their return to 
recover property from which they had been evicted by 
such tyrants as Hiero and Thrasybulus, The Sicilian 
school generally devoted themselves to the attainment of 
€ve7r€La ' fluency of speech,' and consistently with this we 
find Gorgias of Leontini developing especially Gorgias, 
Ae^ts 'style' as a branch of oratory, com- 427 b.c. 
bining with it also some precepts as /AVTyjw-^, the learning 
a speech by heart. This evcTreia ' facility,' however, was 
pushed too far by Gorgias, and yopyid^eiv ' to talk like 
Gorgias ' became synonymous with empty bombast and 
monotonous sentence-formation. In 427 B.c. Gorgias 
was sent on an embassy to Athens, and shortly after this 
he settled down there and founded the first school of 
Rhetoric in Greece. Rhetoric now took its place in the 
scheme of Athenian education; many teachers of Rhetoric 
flocked to Athens, such as Protagoras, Thrasymachus, 
Prodicus, Hippias — the so-called Sophists — each of whom 
did his part in developing some branch of Rhetoric as 
an instrument of education, Plato's opposition to the 
Sophists and to all their teaching, especially their 
practical teaching of oratory, availed nothing to check 
its popularity ; it was, as Grote says,^ 'the opposition of a 
theorist and a philosopher to the systems of practical 
teachers, that of a dissenter against the established 
clergy,' The influence of Gorgias and his school was 
very widespread ; most of the ten Attic orators (Anti- 
phon, Andocides, Lysias, Isaeus, Isocrates, Demosthenes, 

1 Ok. Hist. viii. 150-200. 


Aeschines, Hypereides, Lycurgus, Deinarchus) owe some- 
thing to his teaching ; of these Antiphon, the teacher of 
Thucydidcs, and Isocrates (pater eloquentiae Cic. de Or. 
2. 3. 10) contributed most towards building up the system 
of Rhetoric, as both of them wrote Tix^ai, or hand-books 
of oratory, which are, however, unfortunately lost. But it 
Aristotie, "^^^ ^^^* ^^^ Aristotlc (384-322) to methodise 

884-322. ^^^ systematise the Art of Rhetoric in such 
perfection that his rex^i? prjTopiK-j, ' the most scientific 
work on Rhetoric extant,' at once became the hand-book 
on Rhetoric, and continues to be so to modern times ; 
and it is hardly an exaggeration to say that 'the Art 
of Rhetoric was the creation of Aristotle.' ^ Somewhat 
similar to Aristotle's Teyvf] p-qTopiK-q is the treatise on 
Rhetoric sometimes published with Aristotle's works, 
but it belongs more to the school of the Sophists and 
Isocrates ; its probable author was Anaximenes of 
Lampsacus, a rhetorician of the time of Alexander. 

Great, however, as has been the influence of Aristotle 
and the Peripatetic school on the Rhetoric of the 
Middle Ages, when Latin translations of Aristotle made 
up all that was known of Greek thought generally,^ 

stoics of y^^ ^^ "^^^ another school of philosophers, 

Pergamum. ^jjg Stoics of Pergamum, who first introduced 

Rhetoric to the Roman world. The Stoics had studied 

^ Prof. Jebb in Encycl. Brit. nintli ed. 

^ From A.D. 650-1350 the knowledge of Greek was almost 
entirely lost in the Western world ; Aristotle was studied, but only 
in Latin translations of portions of his works (Boeckh Encyd. 
pp. 301 f.) 


Rhetoric diligently since Zeno's time, regarding it as 
a subdivision of their science of Logic, and especially 
developing the introductory parts of Rhetoric together 
with inventio and dispositio — the determining and 
arranging the subject-matter. Unfortunately none of 
the actual works of Stoic rhetoricians have come down to 
us, but we have two treatises by late Latin writers based 
on the Stoic system, Chirius Fortunatianus (a.d. 450) 
and Sulpitius Victor. It was in Pergamum, the Asiatic ^ 
rival of Alexandria for the pre-eminence in the world of 
culture, that the Stoics first began to influence literature 
and education ; here they anticipated their Alexandrine 
fellows in the combination of grammar with Rhetoric, in 
the literary criticism of ancient authors, especially the 
consideration of their style; and here the canon of the ten 
Attic orators was set up and the superiority assigned to 
Demosthenes, which we find maintained throughout the 
Latin writers on Rhetoric. The connecting link between 
the Latin rhetoricians and the Pergamene Hermagoras, 
Stoics is Hermagoras of Temnos (flor. 150 isob.c. 
B.C.), who probably lived for some time at Pergamum, and 
at any rate belongs to the Pergamene school of thought. 

^ Pergamum (now Pergamo) was the capital of the kingdom of 
Pergamus and afterwards of the Roman province of Asia ; it was 
situated on the river Caicus in S. Mysia. The city first acquired 
importance under Lysimachus, who, after the defeat of Antigonus 
at Ipsus in 301, consideraljly enlarged and beautified it. The 
zenith of its power was reached under Eumenes II., who founded 
its library, the formation of which oceasioned the invention of 
parchment, charta Pergamena. 


He may be regarded as the founder of scholastic rhetoric, 
redeeming the study from excessive Asianism by a judicious 
combination of theory and practice. His system was very 
complete, especially his subdivisions of commonplaces, 
and it remained from this period onwards as the founda- 
tion of all developments of Rhetoric, both in Greece and 
Rome. His system is reproduced in the work of 
Cornificius, the so-called Auctor ad Herennium, and by 
Cicero in his youthful work de Inventione, and also the 
Orator and Partitiones oratoriae and in the technical 

Quintiiian, P^^* ^^ *^^ Brutus aud the de Oratore. 

A.D. 42-118'. Quintilian (a.d. 42-118) in his Institutio 
oratoria and the Greek rhetoricians of the later 
sophistic period, e.g. Hermogenes of Tarsus (flor. a.d. 160), 
have made use of the systems of Hermagoras for the technical 
subdivisions of Rhetoric. When we talk generally of the 
Rhetoric of the •'^^^^^^^^ of thc Grecks and Romans we 
ancientsdefined.j,g^lly mean thc mcthods of Rhetoric formed 
by a combination of the work of the Stoics and Herma- 
goras, a Stoic-Hermagoraic system. 

§ 26. With regard to Cicero's relation to Rhetoric, 
we must distinguish between Cicero the practical 
barrister and Cicero the theorist and litterateur in 
Rhetoric. Trained as a young man in the technique 
Cicero's ^^ Rhetoric according to the methods in 
Rhetoric. yogue iu his day — Asianism only just 
beginning to be leavened by the scholastic Rhetoric 
of Hermagoras — he at first showed himself a devoted 
admirer of the florid, exaggerated, epigrammatic style 
of the Asiatic school, the two chief representatives of 


which were Hierocles ^ and Menecles of Alabanda (flor. 
100). This tendency was fostered in Cicero by his 
friend Hortensius. But about the year 78 b.c, shortly 
after the acquittal of Roscius, Cicero was compelled by 
ill-health^ to retire temporarily from the bar ; he proceeded 
to Khodes, where he devoted two years to studying 
Rhetoric under Molo, whose lectures he had attended in 
Rome in 88. This Rhodian school, of which Molo was 
now head, may be regarded as directly descended from 
that of Hermagoras. Their model was Hypereides,^ the 
representative of the 'plain' school. Cicero and Quintilian 
talk of the Rhodian school as intermediate between the 
earlier florid Asianism and the simpler Attic style, 
but there seems little doubt that it approximated more 
closely to the Asiatic than the Attic school.^ But Cicero 
was no servile follower of a school ; his was an eclectic 
system, the factors of which may be considered as the 
technical system of Molo plus an independent study of 
Isocrates and probably Aristotle, plus a great amount of 
experience derived from a large practice at the bar,^ plus 
a keen perception of style aiid phraseology and an almost 
perfect mastery of the Latin language. As time 
went on Cicero became more and more Attic in his 
tendencies, simplifying his style and adopting as his 
model Demosthenes. In dealing with his actual speeches 

1 de Or. 2. 23. 95. = j^^^f^ qq 313^ 91 ^jg^ 

^ Blass A ttische Beredsamkeit pp. 84-88. 

^ Landgraf Cic. pro R. Am. p. 121. 

^ Cf. TeufiFel Ilist. of Lat. Lit. i. § 229. 


it is customary to make three periods, Asiatic, Rhodian, 
Attic ; this is misleading, as of course there are a good 
many of the orations which must be regarded as belong- 
ing to a stage of transition. Of the speeches, however, 
which have a distinct style we may classify— 

1. Asiatic, pro Quinctio, pro Roscio ATnerino. 

2. Rhodian, pro Plancio, pro Cluentio. 

3. Attic, pro Ligario, pro Milone. 

§ 27. As a writer on the theory of oratory Cicero 
contributed little that was original ; as mentioned above, 
he wrote a rechauffe of Cornificius' work [Auctor ad 
Herennium) under the title Rhetorica aut de inventione; a 
treatise on the art of oratory generally, de Oratore, based 
for the most part on Hermagoras' works ; the Brutus, a 
history of Roman oratory ; a sort of rhetorical catechism 
for his son, the Partitio oratoria ; the Orator, and de 
optimo genere oratorum, published in 45, a preface to 
his lost translation of the speeches of Demosthenes and 
Aeschines de Corona ; and finally in 44 the Topica, a 
technical discussion on the topics of Inventio, but not 
containing any very original matter. Cicero certainly 
enlarged the popular notion of treating Rhetoric, but 
often, at least in his later days, in opposing the ultra- 
scholasticism of the Rhetoric of his time tends to carry 
his empiricism too far.^ 

§ 28. In spite of the number of technical works on 
Rhetoric which have come down to us, a history of its 
development at Greece and Rome and details of its 

1 Cf, Teuffel Lat. Lit, i. 280. 


classification must necessarily be sometimes vague,^ as 
the rhetoricians themselves often make use of a termino- 
logy inconsistent and unmethodical. But we can roughly 
reconstruct the curriculum of Rhetoric whieh was fol- 
lowed in training an orator in the times of Cicero. 

The first duty of the oratorical student was to study 
the bearings of his case (quaestio), real or Tj.ainingin 
fictitious, theoretical or practical, and to oratory. 
consider whence he is going to derive the subject-matter 
of his speech, his topics. This is the Intellectio or 
v6r](TL<i. In detail — he must first decide to which kind 
of oratory his quaestio belongs.^ 

I. ivdiciale genus, yivos diKaviKdv. 
II. deliberativum, avfx^ov\evTLKbv. 
III. demoTistrativum \ iirideLKTiKdv 
or |- or 

laudativum, J iyKoifxLacTLKbv. 

§ 29. He must next determine the status of the 
case or constitutio, the basis, ground of the quaestio, and 
decide what is to be made the kernel of the question.^ 

1. Is it true or false ? status conieduralis {<rToxa<TfjL6s), * an 
sit,' a question of fact, oi ajffirmatio or negatio ; Cornif. 2. 2-8 
Cic. de Inv. 1. 8. 

2. How is the act to be defined and classified ? definitio, 

3. What is the quality, character of the act involred ? 
qualitas {iroLbTTjs), status generalis iuridicalis, ' quale sit' or 
' quomodo. ' 

^ Volkmann Rhetorik p. 639. 

2 Quint. iii. 4, Cic. de Inv. 1. 5. 7. 

3 Volkmann pp. 650, 653. 


4. Will it be better not to. meet the charge directly, but, 
avoiding a discussion of the merits of the case, demand that it 
should be discussed before some other tribunal, on other lines ? 
translatio {/j.eTaXrjypis, 7rapaypa<pifj). 

Whatever the status, the line, ground of the case be 
determined to be, the circumstauces must be next con- 
sidered (Tre/jio-Tacrets or Trcpta-raTiKd, circumstantia) under 
seven ^ heads — 

1. The person, Trpbao^irov, quis. 

2. The fact, Trpd^LS, quid. 

3. The time, xp^j^os, quando. 

4. The place, tSttos, uhi. 

5. The motive, alTia, cur. 

6. The niethod, TpSiros, quomodo. 

7. The facilities, d<pop/ ipyuv, quibus adminiculis. 

Or iu the line of the rhetoricians of the Middle Ages — 
quis, quid, ubi, quibus auxiliis, cur, quomodo, quando. 

Having studied the status and the circumstantia, the 
orator must choose his topics (loci,^ tottol) accordingly ; 
they may be drawn from the contents of the case {insiti 
loci) or introduced (adscripti). 

^ So Hermagoras. These are given very varlously by different 
writers ; cf. Rhet. Gr. iv. 150, Quint. iii. 5, Volkmann p. 649. 

^ Probably = properly the general locaUties from which proofs 
can be drawn ; or possibly positions which all orators may take up 
in common. The text-books gave very elaborate commonplaces, 
which an orator was recommended to thoroughly master. loci 
are divided by Fortunatian into — 

loci ante rem f a persona, a re, a causa. 
in re =^ a tempore, a loco, a inodo. 
circa rem \ a materia. 
post rem. 


In Cicero's speeches we find many loci communes, e.g. 
de quaestionibus, i.e. tliat slave - evidence is untrust- 
worthy or otherwise, cf. Cornif. 2. 10, Cic. de Inv. 2. 
46, Quint. v. 4 ; or de rumorihus, cf. Cornif. 2. 12 ah 
rumorihus dicemus, si negahimus temere famam nasci 
solei^e quin suhsit aliquid, contra rumores dicemus si 
docehimus multos esse falsos rumores, Quint. v. 3. 

The first duty then of an orator, Intellectio, is to 
understand clearly the nature of his case, 


and to decide what topics he is to use. 

§ 30. Intellectio may be regarded as merely an intro- 
ductory step in the rhetorical curriculum. The five 
main divisions of Rhetoric ^ are — 

I. Inventio, €vpe(ri<s : the determining and classifying 
of the difi^erent parts of the subject-matter, and the 
grouping of them according to the five divisions of a 
speech — prologue, statement of case, proof, refutation, 
epilogue. For details see below, § 31. 

II. Dispositio, rd^Ls : i.e. the orator must decide the 
more detailed order, succession, of his arguments, mould- 
ing them in artistic language and effective logical order, 
elaborate the connexion of his arguments, giving promi- 
nence to his strong points, and strengthen his weak ones 
by rhetorical artifices. 

III. Mocutio, \e^is or cf)pdcrL<s : the study of sti/le and 
expression. To this branch of oratory the student was 
advised to direct his closest attention. Under Elocutio 
he must study — (a) Elegantia, i.e. purity of Latinity, well- 

1 Cornif. 1. 3, Cic. de Or. 3. 109, Quint. iii. 3 etc. 


chosen words, perspicuity, and the avoidance of anything 
which may seem in bad taste, such as pleonasms, tauto- 
logy, frigidity of style (Arist. Rh^t iii. 3 ro xpvxpov) ; 
(/3) Ornatus, ornaments of language, metaphors, tropes 
etc, rhetorical devices, especially figurae sententiarum, 
such as rhetorical questions, interrogatio, reticentia 
.(diroa-LCOTrTjcris), dissimulatio (ei^wveta etc), and figurae 
verborum or grammatical figures, e.g. prolepsis, dva- 
8i7rXo)cri<s etc, all of which were most carefuUy elabo- 
rated, cf. Quint. ix. 1. 3 ; (y) Collocatio, compositio, i.e. 
the arranging language in periods and sentences, with 
due attention to connexion, cadence, and rhythm. 

IV. The next duty of an orator was to learn his 
speech by heart — memoria, fJ^vi/jixr], cf Comif 3. 16, 
Cic de Or. 2. 351, Quint. xi. 

V. Lastly, under the division Actio {pronuntiatio, 
vTTOKpicns) came the study of delivery, with considera- 
tions of tone, voice, gesture etc ; cf. Longin. p. 310 
eoTTt Se VTTOKpicrts fJLifJbrjcns twv Kar' dX-qOeiav kKd(TT(o 
7rapicrrafxev(ji)v rjOoiv Kat TradQtv /cat SidOe^ns crisifJLaros re 
Kal Tovov <l)(t)vrjs 7rpocr(fi6pov TOt§ vTroKCifxevoiS irpdyfiacri, 
Cornif. 3. 11. 19, Cic de Or. 3. 213, Brut. 141, 203, 
278, 303, Quint. xi. 3. 

As mentioned above, under the head Inventio came 
the five ^ divisions of a speech — 

1 Arist. RJiet. iii. 13. 1 divides a speech into Tpdde^ns and irlcrTii, 
biit states that TrpbXoyos and iiriXoyos were usually added. The 
fivefold division rests on the Stoic - Hermagoraic system, Cicero 
{de Inv. 1. 42) and Quintilian (v. 13). But each rhetorician was 
arbitrary about his own system. The division in the text is such 
as would probably have been taught in Cicero's time. 


I. exordium, irpdXoyos. 
II. narratio, bi-qyqaLs. 

III. tractatio, irlffTis. 

IV. re/iUaHo, Xycrts. 

V. peroratio, iTrtXoyos. 

§31. I. Uxordium, TrpooLfjLLov, principium. The objp ct 
of the introduction is to make the audience (a) well-dis- 
posed, {/3) attentive, (y) docile ; epyov TrpooLfxLuiv, evvoLa, 
Trpoa-e^Ls, cvfjidOeLa (Quaes. ap. Spengel i. p. 321, Quint. 
iv. 1. 5, Cornif. 1. 4. 6, Cic. de Inv. 1. 15. 20 exordium 
est oratio animum auditoris idonee comparans ad 
reliquam dictionem ; quod eveniet si eum benivolum, 
attentum, docilem, confecerit, cf. Cic. Top. 26. 97). Its 
starting-point is the personality of either the orator, his 
opponent, the judge, litigants etc, or some thing in- 
volved, or both. Its extent varies with the diflaculty 
and importance of the subject, and its ending must be 
such as to provide an easy transition to the next division 
of the speech, the narratio ; cf. Arist. Rhet. iii. 14, Cic. 
de Or. 2. 325. If the audience seem already prejudiced 
against the speaker, either owing to the nature of the 
case (e.g. in ykvos TrapdSo^ov) or by an opponenfs speech, 
the speaker is directed to make use of hisinuatio, €(:fio8o<;, 
a more indirect method of securing the goodwill of the 
audience. Incorporated with the exordium we some- 
times find propositio and partitio, the statement of the 
subject and the division of the speech, both of them 
factors, not subdivisions, of the Aristotelian TrpoOeo-Ls : ^ 

1 Volkmann p. 702. 



more commonly they follow the narratio. In the 
Planciana they form part of the prologos. The follow- 
ing is a scheme of the introduction of the pro Pl. §§ 1-4, 
as given in Olivetus' edition of Cicero (1740), prob- 
ably based on the division of some rhetorical teacher of 
the fifteenth century. 


Beoievolentiam iudicum 
captat declaratione 
suum affectuum 

Odium in Laterensem 
adversarium excitat 

' gaudii, quod Plancio aedilitatem petenti 
multi ob Ciceronem ipsum faverent, 

doloris, quod inimici Ciceronis et invidi 

accusatorem eius animarent, § 1. 
fiduciae, ob iudices, Ciceroni lene- 

volos, § 2. 
quod aceuset virum integerriTnae vitae, 

tionem totius 
orationis facit ; in 

Partitionem fadt ; in 

et onmibus ornatum virtutibus, § 3. 
(Plancium puniri petit, si est in culpa, 
\ §3. 
\absolvi petit, si est innocen^, § 3. 

monet dicturum se pro Plancio cuius 

salutem tueri debet, § 4. 
deinde pro se ipso de quo adversarii 

multa dixeruni. 

Thus "we see from the propositio that the status of 
the case is coniecturalis, i.e. a question of fact — did 
Plancius make use of corrupt methods or not ? Other 
Ciceronian speeches of this status are pro Cluentio, pro 
Archia, pro Roscio ;^ whilst that of the pro Milone is 
iuridicalis. i.e. iure an iniuria occiderit Milo Clodium. 

Cf. too Dem. de Fals. Leg. 


As instances of the staius ^ definitionis, i.e. how is 
the act to be classified and defined, we may take Demo- 
sthenes in Midiam, Isaeus de Cleon. hered. 

§ 32. II. Narratio (8i7jyr](Tis) is the explanation of 
the facts of the case to the judge or audience, Cic. part. 
or. 9. 3 narratio est rerum explicatio, est quaedam 
quasi sedes et fundamentum constituendae jidei ; cf. 
de Inv. 1.19. 27, Quint. iv. 2. 30. 

The narratio is not always necessary ; thus the case 
may be purely legal, or the facts may have already been 
sufficiently explained by previous speakers ; Quint. iv. 24 
plerique semper narrandum putaverunt : quod falsum 
esse plurihus coarguitur. According to all rhetoricians 
since Isocrates it must be (a) a-a<^ri<s, lucida ; (/3) 
(TvvToixos, hrevis ; (y) indavri, veri similis ; Cornif. 1. 14 
ut hrevis, ut dilucida, ut veri similis sit. It will be 
clear, if a careful consideration isgiven to ra Trepia-TariKa, 
circumstantia, i.e. all which deals with the special 
circumstances of the case, and by choice of correct ex- 
pressions ; short, if the orator plunges at once in medias 
res, and keeps always to the point ; prohahle, if it con- 
tains nothing inconsistent or that disagrees with the 
other facts of, or the nature of, the case, Dion. Halic. de 
Demosth. 34, Cornif 1. 9. 14, Cic. de Inv. 1. 20. 28, 
Quint. iv. 2. 30. The kinds of StTJyT^cris are many : 
TrpoSi-qyrjcTis, dvTi8ir]yr](T s, eiriSi-qyrjCTiS etc. It may 
contain also digressions, excessiis, excursus, TrapeK^ao-cts, 
7rap€v9rJKai, Quint. iv. 3. 

1 Volkmaun p. 653. 


In the Planciana the narratio is absent, the facts of 
the case being already known to the jury by the speeches 
of Laterensis, Hortensius, and Cassius. 

§ 33. III. Proofs. — Tractatio, Trto-Tets, aywv, diro- 
Set^ts, KaracTKevri Kc^aAatwv, argumentatio, confirmatio, 
prohatio, contentio. 

This is naturally the most important division of the 
speech, and is never absent, Anax. 5. p. 191 Trtb-reis aU 
dvdyKr] jxev 7rpo<s irdvra rd jxeprj rwv Xoyiav \prjcrdat, 
Cic. de Inv. 1. 24. 34 confirmatio est per quam argu- 
mentando nostrae causae fidem et au^toritatem et firma- 
mentum adiungit oratio. 

Proofs divide into (a) drexvoi, inartificiales, and (/3) 
evrexvoL, artificiales, Arist. Rhet. i. 2, xv. 116, Cic. 
de Or. 2. 27, Quint. v. 1-10. The former are such 
proofs as are derived from the case itself (oo-a Trpovir- 
rjpx^v Arist. Phet. i. 2. 2), which the orator has merely 
to systematise and bring forward in their most telling 
manner. They are — 

Quint. Arist. Bhet. i. 15, 




pdaavoi . 








TTio-Tcts 'ivrexvoL are such proofs as the speaker 
can himself discover by applying the methods of Rhetoric 
to his case ; they rest on logical processes, an attempt to 


make the uncertain seem credible by means of the certain 
and the probable. Just as in Logic all proofs which 
convey a subjective conviction rest on Induction 
(eirayioyy) Quint. V. 11) or Syllogism {crvXXoyLO-fJLOS, 
conclusion), so in Rhetoric proofs are based on TrapdSetyfxa 
and €v6vfjb7]fxa, rhetorical induction and rhetorical con- 
clusion. As the TrapdSeLyfjLa is a short form of induction, 
so ivOvfjLTffia is a short form of syllogism, usually merely 
a statement with the grounds on which it is based. The 
enthymeme is built up from the probable and from 
indications, e^ eiKorwv and Ik o-i^/xetwv. 

It was in this division of the speech (probatio) that 
theoretical rhetoricians found scope for the introduction 
of novelties, and very various systems were set forward, 
which really differ in unimportant details (Quint. iii. 6. 
22 of tractatio, constitutio causae in hoc praecipue videtur 
mihi studium diversa tradendi fuisse). The ingenuity of 
teachers of Rhetoric was especially devoted to the elabora- 
tion of loci, tottoi, under this head ; Cornificius (and 
Cicero) thus treat, it would seem, this section on proofs, 
tractatio, as a special heading of Topica. Tractatio^ 
thus consists of — 

(1) Probahile, i.e. cui hono? who is interested ? who is prob- 
ably guilty ? considering (a) causa, (j8) viia. 

(2) Collatio : liow far do the allegations fit ? who else is as 
Hkely to he guilty ? 

(3) Signa: arguments taken from place, time, duration, 
opportunity etc. 

(4) Argumentum : positive evidence. 

(5) Consecutio : evidence from subseqnent behaviour. 

1 Cic. de Or. 15. 


(6) Approbatio : the establishing the ■ case by rhetorical 
commonplaces (loci), considerations of the value of witnesses, 
torture-evidence etc. 

Cf. Cornif. 11. 2-9 or the analysis of the work given in 
Wilkin's de Oratore introd. p. 55. 

§ 34. IV. jRefutatio, Xva-cs (reprehensio). 

The object of the refutatio is to refute everything 
■which the opponent has iirged or may nrge against the 
speaker; summed up by the Greek writers under the 
one word dvTtOecrLs. 

Aristotle, Anaximenes, Cornificius, and Cicero treat 
Xva-is as part of the Trio-reis : Quintilian (v. 13) was the 
first to make it into a separate division. 

The avTi^eo-eis which the Xva-ts must refute are of 
two kinds (a) arexvot and (/3) eVTe;^vot or TrapaScLyjxa- 
TLKOL, and of these it may attack either (i.) the material, 
or (ii.) the formal part, or (iii.) both; it will do so by 
dvTicrvXXoyLa-fjios, counter-argument, or evo-Tacrets, in- 
siantiae, objections, instances. Later rhetoricians dis- 
tinguished two kinds of Avo-ts — 

(i.) \ijais KaTCL avaTpoTrr^v (or /car' haTacriv), a dired refutation 
of the facts ; in cases of coniectura and definitio. 

(ii.) Xi/o-is /cara fiedodov, indirect, in statu qiialitatis, et in 
translatione. Within this again the [xidoboL were carefully sub- 
divided, the raost important being — 

fiidodos KaTCL TrepiTpoTnfjv, taking the opponenfs argument 
and converting it to one's own use, Arist. Ehet. ii. 23. 7, 
Quint. V. 13. 29. 

nidodos Kark (r6yKpovaLv, showing that the statements clash, 
are inconsistent, Quint. v. 13. 30, Arist. Hhet. ii. 29. 

fi46o8os KaTCL /xeiwaLv, elevatio, depreciation, Quint. v. 13. 22. 


fji.^6o5os KaTct, a{^^7](Tiv, amplificatio. 
dirayioyr] els &totov, reductio ad dbmrdum. 

But if the avTi^€(rets are aXvToi, irrefutable in point 
of fact, the orator must take refuge in deceit and 
sophisms, e.g. he may (a) abuse his opponent, {P) shift 
the point, (y) ignore the statements of the other side, 
(S) misstate the case etc. ; instances of this procedure 
are not uncommon in Demosthenes' speeches ; cf. 
Maximus TrepL aXvTOiv avTiOkareoiv, Rhet. Gr. v. 577, 
Quint. V. 13. The system of Topics is just the same as 
in probatio, but the loci are of course employed to the 
opposite purpose. 

§ 35. With regard to the scientific division of the 
Flanciana, Cicero himself probably regarded §§ 4-100 
(i.e. everything between exordium and peroration) as 
argumentatio or tractatio. The speech, however, divides 
naturally, and has been divided by mediaeval rhetori- 
cians, using the system inaugurated by Quintilian, into 
4-58 tractatio proper, or argumentatio (sometimes called 
contentio = dy6v), 58-100 refutatio. 

The tractatio contains an argument from prolahile, 
i.e. whose interests are involved — (a) ex causa, showing 
that Plancius had no motive for bribery; (/3) ex vita, 
that such conduct is inconsistent with his character. 
The latter question he goes into at some length. The 
refutatio divides into rebutting the statements of Late- 
rensis and Cassius the junior counsel, both of whom had 
attacked not only Plancius but Cicero himself. 

The following is the rhetorical abstract (with some 
alterations) given by Olivetus : — 








1 -^ «£ 

^ I i 

^ i i 

05 *^ ^ 

.§ -^ ^ 


1-^ « 

^i i r 

^•§ Sh 

^ s 

« 5^ 


•^ I 







§ 38. V. Peroratio, eTrtXoyos (conclusio or cumulus), 
Arist. Rhet. iii. 19, Cornif. 30. 47, Cic. de Inv. 1. 52. 98. 
The objects of the peroration are three : — 

(i.) To sum iip the main points of the speech and 
impress them on the memory of the audience = rerum 
repetitio^ recapitulatio, enumeratio, di/aKe^aAattocri?, kir- 
dvoSos, Quint. vi. 1. 1. 

(ii.) To amplify or, if necessary, depreciate the act 
or circumstances of the act by means of commonplaces, 
amplificatio, Cic. de Inv. 1. 53. 

(iii.) Commiseratio, conquestio, to rouse the emotions 
of the audience, stir their pity, anger, disgust etc. This 
is the main object of the epilogue ; and the stirring of 
the emotions was regarded as one of the chief aims of 
the whole art of Rhetoric. The feeling most commonly 
dealt with in the epilogue is pity ; hence commiseratio 
is often divided into — 

(a) iXiov ela^oK-fj, 
(/3) i\iov kK^okfi. 

To induce the audience to lay aside their feelings 
of compassion the orator was recommended to use ro 
yeXoLov, ridiculum, Quint. vi. 3, especially ei/owveta, 
a gentlemanly humour as distinct from PmixoXoxla 
' buffoonery,' Arist. Rhet. iii. 19, Cic. Orat. 26. 90, de 
Or. 2. 58-71 ; cf. Cramer Anecd. Paris. i. p. 403. 

In the treatment of kXkov €La-/3oXrj, the stirring up 
pity or any other emotions, the ancients distinguished 
carefully between '^Oo<s and irddos. ^dos is the rather 
permanent impression or state of mind produced by con- 
sidering the personality of the speaker, i.e. when his 


character and his speech both harmonise with the feelings 
of his audience. On the personality of the speaker the 
ancients laid great stress ; cf. Menander — 

TpoTTOs ^ad' 6 ireldoiv tov XiyovTos ov \6yos. 

Cf. Quint. vi. 2. 8, Roth 'Was ist das ^Oo? in der 
alten Rhetorikr Jahu's Jahrb. 1866 p. 855. 

TrdOos, mere feeling, is a transitory and excited frame 
of mind, a momentary disturbance of the reasoning 
intellectual side of the soul, owing to the undue promi- 
nence of will or desire, Arist. Hhet. ii. 1. 7, iii. 7 crvv- 
ojxoioTradeL o a/covwv tw iradr^TiKOJs Xkyovn. 

Cicero's perorations were always regarded as very 
emotional ; that of the pro Plancio has rightly been 
called Jlehilis. Its synopsis is as foUows : — 

ad Plancium 

ad iudices 

Peroratio, §§ 100-104 

{cuius deplorat mgilias pro sua sahUe susceptas; 
cui data auxilii promissa recitat; 
quem exulem secuiuru7n se profitetur. 
Ia quibus deprecatur Plancium, 
PlanAii patrem aspici postulat, 
inimicorum gloriationem considerari, 
sui ipsius luctuin ac inetum. 

For amplification of the above summary the following 
works will be found useful : — 

* Rhetorik der Griechen uud Romer,' R. Volkmann, iu I. 

Muller's Handhuch 2nd ed. ii. 

* Rhetorik, ' Freund, in Triennium Philologicum vol. v. 
Blass Die attische Beredsamheit. 

Nixon Notes on Latin Rhetoric. 
Cic. de Oratore ed. A. S. Wilkins. 
Rehdantz Dem. First Philippic. 
Jebb's Attic Orators. 


MSS. OF Flanciana 

§ 39. The text of this edition is in the main that of 
Landgraf as given in his edition of Kopke's pro Plancio 
published in 1888. He has foUowed the manuscript 
reading where possible, has himself made a new and 
careful recension of the leading MS. (T), and has incorpo- 
rated in his text all the more recent contributions to the 
critical elucidation of the speech.^ 

The edition of Cicero's works by C. F. W. MuUer (in 
the Bihliotheca Teuhneriana) has been carefully com- 
pared, and a list of variants from that edition is given in 
the appendix. 

§ 40. A brief notice of the chief manuscripts and 

Evoiution of editions is interesting as showing the evolu- 

*®^** tion of a satisfactory text by careful work 

of many hands from very corrupt beginnings, and is 

typical of the history of the text of many of Cicero's 


Of manuscripts there are several, two good ones, the 

Manuscripts. rest classcd as deteriores {dett.) 

(1) The oldest is T, Codex Tegernseensis or Bavaricus, 

now Monacensis (i.e. of Munich Cod. Lat. 

18787). Originally in the monastery of 

Tegernsee in Bavaria, it was taken to Munich, whence it 

disappeared at the time of the French invasion of Bavaria; 

^ Lelimann {Hermes xiv. p. 217) ; Kraffert ' Beitr. zur Kritik ' iii. 
G. ]or. Aurich. 1883 ; Karsten Sjpicilegium criticum. Lugd. 1881 ; 
Madvig Advers. Crit. iii.; Weidner, Dortmunder Gym. prog. 1885. 


iii 1853 it was rediscovered by Baiter, who bought it ia 
Paris from a bookseller who had received it from Hungary. 
The German scholar G. C. Harless (Erlangen 177Q^)"first 
collated it before its disappearance, and communicated 
his results to Garatoni, librarian of the Barberini library 
at Rome, for his edition of the Planciana, published at 
Bologna in 1815. It has been newly collated for this 
speech by Landgraf. The MS. dates from the eleventh 

§ 41. (2) ^, Codex Erfurtensis or Thuringicus 
(Petri Suffridi), now Berolinensis. Formerly 
at Erfurt, then in the possession of Peter 
SufFrid of Thuringen, hence Thuringicus, afterwards of 
Gruter (Jan Gruyt^re, Heidelberg 1592), who by its aid 
corrected several passages in Cicero's speeches. Now at 
Berlin, hence Berolinensis. Collated by Graevius (J. G. 
Greffe, Utrecht 1660) rather carelessly. Wunder made 
a very exact study of it and devoted a special work 
to it.^ 

The MS. is a parchment, large folio, written in double 
columns in a clear hand, titles and initials in red, with 
glosses - in the same hand. 

^ Variae lectiones libr. aliquot M. T. Gic. ex Codice Erfurtensi 
enotatae ab E. Wunder, Lipsiae 1827. Wunder's edition is accom- 
panied by a lithographic facsimile. 

^ A gloss, yXuaaa, is properly a strange or difficult word, and 
a yXibaari/xa was the explanation of it written over the word or 
in the margin, but the term gloss is wrongly applied to the ex- 
planation ; it should be called a ' glosseme.' Early grammarians 
made lists of these yXQcraai or unusual words, hence our word 



In Suflfri(i's time there were 298 pages, but 95 of 
these are now missing. The date of E is the fifteenth or 
sixteenth century. 

^ is a corpus of Cicero's works drawn from very 
different sources. Thus in one speech it may go back to 
a good original, in another to a corrupt one. In the 
case of the Planciana T and E seem both to be derived 
from one original, which must have been itself corrupt. 
It seems probable that in the niuth or tenth century 
there existed a current recension of most of Cicero's 
works into which readings were introduced by an intelli- 
gent critic; where then we have no good MS. to appeal to, 
conjecture must always be uncertain, and to this degree 
all MSS. of Cicero must be regarded as untrustworthy.i 

§ 42. Wuuder ^ in his prolegomena to his edition of 
the speech mentions forty other MSS. of 
the Flanciana, which can be classified as 

They are of very little use, their evidence being only 
worth noting where T and E disagree ; they are for the 
most part of Italian origin, and of Italian MSS. Baiter 
said interpolatis codicibus Italicis nulla fides haheri potest. 
Deteriores may roughly be divided into 

(a) Older MSS., which form the raw material out of 
which the fifteenth-century recension was made. 

^ Lehmann, in Clarke's pro Milone p. xlix. 

^ For a more miniite description of all tlie MSS. of the^ro Plancio 
the reader is referred to Wunder's edition, M. T. Cic. Oratio pro 
Cn. Plancio ad optimam codicum Jidem emendavit P. Wunder. 
Lipsiae, sumptibus C. H. F. Hartmanni, 1830. 


(/3) Later MSS., practically editions, corrected by con- 
jecture, and by borrowing readings from the German 

The chief deteriores of the pro Plancio are 

Three Monacenses at Munich. To one of these, Sales- 
burgensis, considerable importance has been attached, 
apparently without reason.^ 

Three Laurentiani at Florence in the library attached 
to the church of San Lorenzo ; one of these, Plut.^ 48, 
number 18, is said to have been written by Petrarch.* 

Ten Oxonienses. 

With regard to the Oxonienses and other MSS., such as 
the Lamhiniani,^ it suffices to quote Wunder, eorum longe 
plurimae ineptissimae corruptelae sunt. All of them date 
back for the most part to the fifteenth and sixteenth 

§ 43. But the most valuable assistance for the 
criticism of the text is derived from an gchoiia 
ancient commentary, the so-called Scholia So^iensia. 
Bohiensia, pars Vaticana and pars Ambrosiana — a body 

^ Cf. Clarke pro Milone Introd. 

2 Cf. ibid. 

^ Manuscripts are usually described by the name of the library 
in which they are, with the addition, if necessary, of the book- 
shelf {pluteus) and the number. Thus Laurentianus Plut. 48, 
num. 18. 

^ V. Bandino Catal. cod. MS. bibl. Med. Laur. vol. ii. pp. 443 foll. 

^ i.e. codices which at one time belonged to Lambinus, who 
used them in his edition of Cicero. Dionysius Lambinus = Denis 
Lambini (1520-1572) worked in Italy and Paris, where he was 
professor at the College de France. 


of scholia ^ of different dates and different authority, but 
put together, as all scholars agree, in the fourth and fifth 

These notes derive their name Bobiensia from the 
monastery of St. Columba at Bobio, whence they were 
taken to Milan and placed in the Ambrosian library 
there about 800 ; but, probably prior to their removal,^ 
the parchment vras scraped and cleaned to receive a copy 
of a Latin record of the acts of the Council of Chalcedon : 
similarly the Ambrosian MS. of Plautus was rewritten 
with the Vulgate of the second book of Kings. Just as 
in classical times scarcity of writing material frequently 
caused parchment to be used again, cf Catullus xxii. 5 
perscripta, nec sicut fit in palimpsesto relata, so in the 
Middle Ages parchment and papyrus were rewritten 
after the ink had been as far as possible erased. Most 
of the codices rescripti, palimpsesti ^ date from seventh 
to ninth century. But as the ink * used was frequently 

^ A scholium, Greek (rxoXtoi', connected with axoK-fj in sense of 
' that which is done in spare time, a dissertation,' properly means an 
interpretation, explanation, and is applied to the mass of notes 
coUected by early scholars on the classical authors ; such ' scholiasts ' 
were sometimes well known, e.g. Servius, the commentator on 
Vergil in the fourth century : but more frequently the scholia 
represent accumulated notes of several generations of critics. Cf, 
Miiller Handhuch i. p. 36. 

2 Most palimpsests were rewritten in seventh to niuth century. 

^ iraKlfi\pri(jTOL, scraped dgain, iraKiv, xpdu}. 

^ 'The ink of the ancients, t6 fiiXav, atramentum, in general 
retained its colour most remarkably. For writing on papyrus 
lampblack ink {russ-dinte) was. used, a mixture of lampblack and 
gum-arabic in solution with water. According to Dioscorides {de 


of a metallic nature, neither washing nor scraping 
could obliterate it entirely ; and by the application of 
various chemical reagents, especially hydro-sulphurate of 
ammonia,! ^he writing can be made visible again, some- 
times permanently, sometimes only temporarily ; photo- 
graphy too has been of great service in deciphering 

The text of these Scholia Bobiensia is in two parts, 
pars A^nhrosiana from Tusculanos in § 23 to the end of 

'inat. med. 5. 182) it was composed of three parts lampblack 
(Xi^z/i)? eK dadiojv) to one of KOfifjLi : Demosthenes in de Cor. 
mentions the rubbing of ink (§ 258 rb ixikav Tpl^wv). . The fluid of 
the cuttlefish {Sepia) was also used, but is not mentioned until the 
Roman period. Both of these kinds of ink could be washed 
entirely out, and a sponge is frequently mentioned as a necessary 
part of writing apparatus ; cf. the witticism of Augustus (Suet. 
Aug. 89) about his unfinished tragedy, Ajacem suum in spongeam 
incubuisse. In the case, however, of the Berlin fragment of 
'Adrjvaiwv TroXireia a good deal of illegible writing on the papyrus 
was made legible by means of a very light sort of varnish. For 
parchment lampblack ink was unsatisfactory, and a ferrugineous 
gall-apple ink was adopted, first mentioned by Martianus Capella 
(a.d. 425) as gallorum gutnmeosque commixtio. In the Middle 
Ages vitriol ink was made by adding vitriol to the gall-apple ink. 
In preparing this the mixture was heated in some way or another, 
and was called in consequence ^yKavarov, Latin incaustum, Italian 
inchiostro, French encre, Dutch inkt, English ink. In addition 
to these black inks the Egyptians, and after them the Greeks and 
Romans, used a red ink usually of cinnabar {Kivvd^api), or red- 
lead {minium) ; this was especially used for titles, hence rubrica, 
a red title of a law, then the law itself, Pers. v. 90 ' (Mtiller 
Ilandhuch i. p. 179). 

^ The commonest reagent in former times was tincture of gall ; as 
this, however, turns the whole parchment black, it is unsatisfactory. 


the commentary, and pars Vaticana containing com- 
mentary on §§ 1-22 to word adversus ; the pars 
Ambrosiana was discoyered by Cardinal Angelo Mai, the 
discoverer of most of the classical palimpsests, in the 
Ambrosian Library at Milan in 1814, and the pars 
Vaticana in the Vatican Library at Rome somewhat 
later; both parts were published by him in 1817. Un- 
fortunately the text of this coUection of Scholia is very 
fragmentary and corrupt, but it has been of great service 
in deciding the reading in §§ 20, 53, and 58. 

The best edition is that of Orelli in Edit. Tur. Schol. 
pars ii. pp. 252 sq., 1833. 

§ 44. The Planciana was very little studied in the 
Middle Ages even in the Renaissance times, and never 
attained to the popularity of such speeches as the p/ro 
Marcello and the pro Archia. But this fate it shared in 
common with many other speeches. Niebuhr says even 
Dante — as far as we can judge from his works — only 
knew Cicero in his works de Finihus, Laelius, Cato maior, 
de Officiis and de Inventione. Of Cicero's speeches in the 
twelfth and thirteenth centuries only the Catilinarian, 
Philippics, part of the Yerrines, and the de lege Manilia 
were read. But when once the Planciana came into 
notice it was studied very carefully indeed, especially the 
text of it, and in the end of the eighteenth and beginning 
of the nineteenth centuries there is hardly any Ciceronian 
speech on which so much labour has been expended by 
eminent textual critics ; e.g. both Garatoni and Orelli 
published separate works on the speech in addition to 
their editions of Cicero's whole works. 


§ 45. The pro Plancio was first printed at Rome in 
1471 in the Ciceronis Orationes of Sweynheym and 

In 1498 the Uditio Frinceps'^ of Cicero's whole 
works appeared, a reimpression by Minutianus of the 
previous editions of separate works; for this no MSS. 
were consulted (Dibdin Introd. p. 390). It was also 
printed by Junta at A^enice in 1534, under the super- 
vision of P. Victorius. The Aldine edition (Aldus 
Manutius) did not come out till 1540, the text carefully 
revised and annotated by Paulus Manutius. Under the 
hands of various scholars, such as Lambinus, Graevius 
(Greflfe, Utrecht, 1700), Ernesti, all of whom edited 
Cicero's works, a vast amount of notes, critical and 
exegetical, was accumulated, and these are the scholars 

^ Wlien, about 1450, printers from Germany began to settle in 
Rome, Florence, Venice and elsewhere, classical and theological 
works were printed in considerable numbers. One of tlie most 
noted firms, the Manuzzi in Venice, founded by Aldus Manutius 
(hence Aldine editions), published no less than twenty-eight first 
editions of the classics ; these editiones principes or incunahula 
were usually brought out by some eminent scholar, who might be, 
as in the case of Paolo Manuzzio (Paulus Manutius, vide § 45), the 
publisher himself. Their value varies considerably in accordance 
with the MS3. on which the editor based his edition ; in cases 
where he had access to a good MS. now lost, they are of course 
extremely valuable. Sometimes an editio princeps is the only 
source of a text ; thus we have no MS. of Velleius Paterculus, the 
codex Murbacensis, the only one existing at the beginning of the 
sixteenth century, having been lost ; we possess only the editio 
priiiceps printed from it in 1520 by Beatus Rhenanus (Bikle v. 


for the most part who are referred to as varii in the 
description of so many editions, ^ cum notis variorum.' 
For further details the reader is referred to the list of 
editions below, § 46. 

The Planciana itself has been edited singly by 
Garatoni 1815, Orelli 1825, who reprinted Garatoni's 
commeutary, improved the text, and added notes of his 
own; by Wiinder in 1830, a monumental work, the 
MSS. very carefuUy discussed, many original notes and 
a judicious selection of those of Manutius, Lambinus, 
Graevius, Ernesti etc. In 1873 Kopke brought out a 
German edition for schools, since re-edited and improved 
by Dr. Landgrafin 1888. 

§ 46. Summary 

MosT Impoetant Editions of all or most of Cicero's 




Where published. 

1471. Editio princeps. Rome. 


f Editio princeps of" 


■1 Cicero's whole 

l works. 




P. Manutius. 








rOaratoni and 

\ Graevius. J 










The Orations only, 
Sweynheym and 

The Juntine edition. 
The Aldine edition. 

Not finished. 



Date. Name. 



■{ Baiter. 

l Halm. 
1869. iKaper. 
1878 /E^erhard. 
' l Hirschfelder. 

Where published. 

y Zurich. 

|- Leipsic. 
!- Leipsic. 

XIX orationes in 
usum scholarum. 

Editions of the pro Plancio 


F. Sylvius. 


rCurae secunda^ ad 
M. T. Ciceronis 




orationem pro Cn. 
Plancio ex optimo 
^ codice Bavarico. 







Erlangen. J 

' Ohservationes criticae 



in Cic. or. pro 
^ Plancio. 





Third Edition, 1888. 




Third Edition, 1891. 





5§l-4 Exordium. — Cicero, whilst complaining on the one 
hand that his enemies were taking the part of 
Laterensis against his client and himself in this trial, 

2 because Plancius had befriended him after his exile, 
at the same time expresses his joy at seeing no one in 

3 the jury who has not a warm sympathy for himself 
and Plancius. However, it is not because of his 
services to Cicero that Plancius is to be acquitted, but 
because his innocence will be proved, and only after 
proof has been given will the speaker appeal to -the 

4 jury to acquit his client. The defence presents many 
difficulties, as Cicero is compelled to defend not only 
Plancius but himself by the line which his opponents 
have taken of attacking him indirectly through 
Plancius, and trying to show that the services rendered 
by the latter have been overstated and exaggerated. 
That this is untrue Cicero hopes to show, and at the 
same time he points out to the jury that the services 
of Plancius ought to have considerable weight with 
them in making their verdict. 

5 Laterensis has no right to complain that in the election 

of aediles he has been passed over and Plancius 
elected ; for the people neither criticise nor condenm 
in their elections, but follow their caprice ; without 
maintaining in the least that Laterensis is inferior to 
Plancius or any other candidate, yet, Cicero believes, 
Laterensis has no right to blame the people for their 
choice, he must abide by their decision. 
5-11 For, firstly, the choice of the people in the elections 
depends not on judgment but caprice, and we must 
acquiesce in their choice. 


12-13 The reasons for the action of the people in passing over 
Laterensis are explained : ho had been reuiiss in his 
canvassing, and was absent from Rome at the timc 
when his presence was imperatively necessary ; he had 
also retired from his candidature for the tribunate in 
the preceding year. 

14-16 The question the jury have to consider is not wJiy a 
man has been elected, but whether it has been owing 
to largitio, bribery, for the electors are free agents, and 
to introduce a system of weighiug a man's rights or 
pretensions to otfice would be contrary to the spirit of 
the constitution. 

17-19 A comparison of the personal merits of Plancius and 
Laterensis would be out of place, yet perhaps the 
people were justified in choosing Plancius ; for if 
Laterensis maintains that his opponent owed his 
election to his high rank, he might make the samc 
complaint against Plotius and Pedius, the other 
candidates, who were also sons of Roman knights. 
Some there must have been who valued Laterensis' 
high rank, but the number of those who thought 
otherwise was larger, and we must rest content with the 
fact that it is so, 

19-21 Plancius was supported by his fellow-burgesses, his 
neighbours, and the whole population of his native 
district, the prefecture Atina ; whilst the municipium 
of Tusculum, where Laterensis' family had long been 
highly respected, never stirred a finger on his behalf. 

22-24 The fact, too, that Plancius' father had been a leading 
member of a tax-farming corporation {puhlicanorum 
societas) had materially assisted his canvass. 

25-26 Some influence, too, in Plancius' favour had been exer- 
cised by Cicero himself, who, he states, had done his 
utmost for him out of gratitude for his inestimable 
kindness to him during his exile. 

27-28 Plancius' personal character and general worth made him 
a fitting recipient of the office of aedile ; as a youth 
he had gone to Africa with Aulus Torquatus, who 
valued him highly ; under Qu. Metellus in Crete he 
served with distinction ; in Macedonia he was military 
tribune and then quaestor, when he won golden 
opinions, not only from all the provincials, but also 
from his praetor Appuleius. In his private life, too, 
in his dealingswith his kinsfolk, he has always shown 
himself a man of virtue and inte^irritv. 


29-35 Laterensis has cast certain aspersions on Plancius' char- 
acter. These, Cicero shows, are either (1) untrue, or (2) 
mere distortions of facts really creditable to Plancius. 
It has been urged that the character of Plancius' father 
ought to have been a hindranee to his son's election ; 
the reverse was the case. The elder Plancius is a 
well-known Roman knight, distinguished as a soldier, 
judge, and director of several of the great tax-farming 
companies. He may at times have expressed him- 
self rather freely on political matters, but that has 
always been, as it were, a privilege of the knights, and 
implies no malice or dishonesty. 

36-48 Laterensis' object in accusing Plancius under the lex 
Licinia de sodaliciis (illegal combinations) was that he 
might be enabled to choose a jury suitable to his 
interests ; in this case he only deals with circumstances 
which come under the head of ambitus, not the 
special provisions of the lex Licinia. Moreover, he 
has transgressed the spirit of the law in not choosing 
jurymen from the members of the tribes whom he 
maintains without proof may have been bribed. 
Cicero shows that the Licinian law is inapplicable here, 
and challenges his opponent to show any violation of 
the laws of sodalicium, e.g. decuriatio, or buying votes. 
Plancius had merely availed himself of the ordinary 
method of gaining the goodwill of his fellow- 

49-50 Plancius was as good as elected to the aedileship in the 
preceding year, when the elections were postponed. 
Even supposing he had wished to employ bribery, it 
would have been impossible owing to the short notice 
given of the comitia. All the same, if Laterensis had 
exerted himself to win popularity he might have 
gained several votes. 

51-52 Laterensis need not consider that he has disgraced his 
name and his ancestry by this repulse, for (1) similar 
cases have often occurred before where the people have 
passed over men in the election to less important 
offices and yet have entrusted them with the higher 
honours of the State ; Laterensis' career is not neces- 
sarily spoilt. (2) Laterensis made a serious mistake 
in retiring from his canvass for the tribuneship in the 
consulate of Caesar and Bibulus, for this showed a too 
independent spirit to please the people. 

53-55 The charge of illegal coalition {coitio) against Plancius 


is quite groundless. He did not conibine with another 
candidate to deliberately prevent the election of a third 
caudidate. Laterensis is wrong in stating that the 
equality of votes for Plancius and Plotius implies 
bribery of the electors ; they. could not have been 
elected if they had not both had a majority. More- 
over, the Romans of old time would never have 
ordained that the election should, if necessary, be 
determined by lot had they not foreseen that equality 
of votes was possible. Laterensis maintains that at 
the first election Plotius had promised him the assist- 
ance of the Aniene tribe, Plancius that of the 
Terentine, but at the second election they had robbed 
him of their support by bribery. This assertion is 
inconsistent, for why should Plancius in the second 
election, when he knew that he had the confidence of 
the people, have grudged giving away the support of 
the tribes which was now no longer needful to 
him ? Why, too, did not Laterensis charge Plotius 
just as much as Plancius ? 

55-58 What Laterensis has alleged about the sum of mouey 
discovered in the Circus Flaminius, that it was to 
have beeu used for bribes, could not be proved. The 
suspected divisor was brought before the consul and 
maintained his innocence. Laterensis can bring 
forward no facts ; his proofs are unsound ; he wishes 
to use his superior influence to crush Plancius, who 
has unfortunately many opponents both in public 
and private life. Cicero appeals to the jury not to 
allow themselves to be prejudiced by idle rumours 
about the defendant. 

58-62 Cassius has asserted that Laterensis deserved to be pre- 
ferred to Plancius because he was of noble birth. 
Cicero replies that at Rome the road to oflBce is open 
to every citizen ; the only circumstauce which makes 
one man preferable to another in such matters is the 
distinction with which he has fulfilled the duties of 
those offices. ' Has Plancius any brilliant military 
exploits to bring forward on his own behalf ? has he 
distinguished himself as an orator or lawyer in such 
a way as to deserve to be preferred to Laterensis?' 
No ; he certainly served honourably andconscientiously 
in Crete and Macedonia as any Roman would ; dis- 
tinction in oratory, legal knowledge, or erudition 
generally he does not claim ; besides, it is not such 


qualities which fit a man for office, but integrity, 
common sense, and a blameless character. 

63-67 Amongst Laterensis' claims to public favour, Cassius has 
mentioned that he gave games at Praeneste ; but that 
was the usual thing for a quaestor to do, If, however, 
emphasis is laid on the fact that at Cyrene Laterensis 
behaved with great liberality and fairness towards the 
publicani and others, the jury should remember how 
little is known in Rome of provincial affairs. Of this 
Cicero cites an instance from his ovm. public life, at 
the same time showing how his experience taught him 
a lesson which Laterensis ought to have learned too 
— that to attain to office he must do his utmost to 
gain popularity at Rome. 

68-71 Further, Cassius has asserted that Plancius' services to 
Cicero have been grossly exaggerated. Cicero owes 
no more to Plancius than to any other true patriot. 
Cicero admits that he is under an obligation to all 
patriots, but in the case of others circumstances have 
not arisen which facilitate the discharge of the obliga- 
tion ; however, in Plancius' case such an opportunity 
has presented itself. Although many men who 
merited Cicero's gratitude have been condemned in 
the law-courts, that is no argument to prevent Cicero 
giving him all the help he can in this case. Cicero 
adds that his own dangers had not been exaggerated 
in order to magnify Plancius' merits ; it was the con- 
tinued implacable enmity of Cicero's detractors which 
made the magnanimity of his friend Plancius all the 
more conspicuous. 

71-74 Cicero — so Laterensis maintained — had invented these 
obligations to Plancius merely to suit the occasion, 
but, says Cicero, (1) is this likely? Men usually 
conceal rather than make much of obligations ; (2) 
Laterensis had himself asked Cicero to do his best 
for Plancius ; and (3) two years ago Cicero, at a 
time when there could be no question of temporis- 
ing, in his speech before the senate had specially 
mentioned Plancius as one of his most zealous sup- 

75-76 Laterensis has chosen to mention Cicero's defence of 
Cispius, in which he says all his pathetic and tearful 
appeals were of no avail to gain an acquittal. Cicero 
shows that it was at Laterensis' special request that 
he undertook Cispius' defence, and that Laterensis 


himself at the tirae admitted that the jury were 
alfected by his speech. 

77-82 According to the assertion of Laterensis, Plancius in his 
tribunate has been shown far less actively zealous on 
Cicero's behalf than L. Racilius ; Cicero's obligations to 
Plancius are exaggerated. Cicero answers — even sup- 
posing Plancius had been less active in his support, 
that is no proof that it was from want of willingness, 
but merely that he, Cicero, must at sorae time repay 
the services of Racilius. The senate had chosen out 
Plancius to thank on Cicero's behalf, how could he 
therefore avoid seconding those thanks in the most 
substantial raanner at the first opportunity ? Such an 
opportunity is now present, as Plancius is in a dangerous 
position. Cicero repudiates as false Laterensis' state- 
ment that he only gives his services to those of his 
friends who are litigious : he is always ready to give 
his friends professional assistance, but would prefer 
that they should live in undisturbed quiet and never 
need his help. 

83-85 Cicero, partly ironically, partly in earnest, rebuts three 
petty charges of Laterensis against his personal 
character — that he is too much given to pathos in his 
speeches, that he will only defend not prosecute in a 
case, that his witticisms are stale and out of place. 

86-90 To Laterensis' charge of cowardice, that it was fear of 
death which caused Cicero to go into exile, when 
really the danger was not so great or his position so 
desperate, Cicero replies that he retired because he 
did not wish to embroil the State in civil war and 
involve his friends in his own misfortunes. Death 
he had never feared, but he did not wish to deprive 
the State of his support, or the opportunity of showing 
such gratitude as might be an example to posterity. 

90-94 In answer to the assertion of Laterensis that Cicero had 
sacrificed his independence by his flattery of Pomp^ey 
and Caesar, he replies that he had always given his 
best services to the Republic, but by various channels 
and in varied spheres of activity ; still he was compelled 
to have sorae little regard for his own safety, and he 
has changed his political views only because that was 
the way by which he could best further the State's 
welfare : a politician must always move with the 

94-100 Finally, Cicero maintains emphatically that Plancius' 


services were really such as to demand from Cicero 
that he should do his very best to requite them ; he 
gives a vivid picture of the pitiable friendless position 
he was in when Plancius welcomed him in Macedonia. 
Both the dangers and the services were real, and it 
was right that Cicero's requital of them in this defence 
should be real also, 
101-4 Peroration. — In the peroration Cicero appeals to the jury 
andto C. Flavius, the presidingjudge, very pathetically 
not to send that Roman into exile who had been in- 
strumental in preserving the life of one of Rome's 
greatest citizens — Cicero. 


§§ 1-4. Many of my enemies are supjporting this cliarge against 
Plancius inerely hecaiise of his kindness to me during my 
exile ; they ivish to strike at me through Plancius ; con- 
sequently, in vindicating my clienfs innocence I shall be 
compelled to say a good dcal in justification of my oum 

CuM propter egregiam et singularem Cn. Plancii, iudices, 1 
in mea salute custodienda fidem tam multos et bonos 
viros eius honori viderem esse fautores, capiebam animo 
non mediocrem voluptatem, quod cuius officium mihi 

5 saluti fuisset, ei meorum temporum memoriam suffragari 
videbam. Cum autem audirem meos partim inimicos, 
partim invidos huic accusationi esse fautores eandemque 
rem adversariam esse in iudicio Cn. Plancio, quae in 
petitione fuisset adiutrix, dolebam, iudices, et acerbe 

lo ferebam, si huius salus ob eam ipsam causam esset in- 
festior, quod is meam salutem atque vitam sua benivolentia 
praesidio custodiaque texisset. Nunc autem vester, 2 
iudices, conspectus et consessus iste reficit et recreat 
!5 B 


mentem meam, cum intueor et contemplor unum quemque 
vestrum. Video enim hoc in numero neminem, cui mea 
salus non cara fuerit, cuius non exstet in me summum 
meritum, cui non sim obstrictus memoria beneficii sempi- 
terna. Itaque non extimesco, ne Cn. Plancio custodia 5 
meae salutis apud eos obsit, qui me ipsi maxime salvum 
videre voluerunt, saepiusque, iudices, mihi venit in 
mentem admirandum esse M. Laterensem, hominem 
studiosissimum et dignitatis et salutis meae, reum sibi 
hunc potissimum delegisse, quam metuendum, ne vobis 10 

3 id ille magna ratione fecisse videatur. Quamquam mihi 
non sumo tantum neque adrogo, iudices, ut Cn. Plancium 
suis erga me meritis impunitatem consecutum putem. 
Nisi eius integerrimam vitam, modestissimos mores, 
summam fidem, continentiam, pietatem, innocentiam 15 
ostendero, nihil de poena recusabo : sin omnia praestitero, 
quae sunt a bonis viris exspectanda, petam, iudices, a 
vobis, ut cuius misericordia salus mea custodita sit, ei 
vos vestram misericordiam me deprecante tribuatis. 
Equidem ad reliquos labores, quos in hac causa maiores 20 
suscipio quam in ceteris, etiam hanc molestiam adsumo, 
quod mihi non solum pro Cn. Plancio dicendum est, 
cuius ego salutem non secus ac meam tueri debeo, sed 
etiam pro me ipso, de quo accusatores plura paene quam 

4 de re reoque dixerunt. II. Quamquam, iudices, si quid 25 
est in me ipso ita reprehensum, ut id ab hoc seiunctum 
sit, non me id magnopere conturbat : non enim timeo, 
ne, quia perraro grati homines reperiantur, idcirco, cum 
rae nimium gratum illi esse dicant, id mihi criminosum 
esse possit. Quae vero ita sunt agitata ab illis, ut aut 30 


merita Cn. Plancii erga me minora esse dicerent quam a 
me ipso praedicarentur, aut si essent summa, negarent ea 
tamen ita magui, ut ego putarem, ponderis apud vos esse 
debere : haec mihi sunt tractanda, iudices, et modice, ne 
5 quid ipse ofFendam, et tum denique, cum respondero 
criminibus, ne non tam innocentia reus sua quam recorda- 
tione meorum temporum defensus esse videatur. 

§§ 5-35. My opponent almost compels me to make a comparison 
hetiveen himself and my client ; hut the case ought not to 
have heen made a personal question. Laterensis has no right 
to complain that Flancius was preferred to him ; for (§§ 5-11) 
the people, in electing to state ojffices, does not judge ; and if, 
as is often the case, it folloivs its own ca^mce, we must put 
up with it. 

Sed mihi in causa facili atque explicata perdifficilis, 5 
iudices, et lubrica defensionis ratio proponitur. Nam, si 

lo tantum modo mihi necesse esset contra Laterensem dicere, 
tamen id ipsum esset in tanto usu nostro tantaque amicitia 
molestum. Vetus est enim lex illa iustae veraeque 
amicitiae, quae mihi cum illo iam diu est, ut idem amici 
semper velint : neque est ullum amicitiae certius vinculum 

15 quam consensus et societas consiliorum et voluntatum. 
Mihi autem non id est in hac re molestissimum, contra 
illum dicere, sed multo illud magis, quod in ea causa 
contra dicendum est, in qua quaedam hominum ipsorum 
videtur facienda esse contentio. Quaerit enim Laterensis 6 

2o atque hoc uno maxime urget, qua se virtute, qua laude 
Plancius, qua dignitate superarit. Ita, si cedo illius 
ornamentis, quae multa et magna sunt, non solum huius 
dignitatis iactura facienda est, sed etiam largitionis 



recipienda suspicio est : sin hunc illi antepono, contume- 
liosa habenda est oratio, et dicendum est id, quod ille me 
flagitat, Laterensem a Plancio dignitate esse superatum. 
Ita aut amicissimi hominis existimatio ofFendenda est, si 
illam accusationis condicionem sequar, aut optime de me 5 
meriti salus deserenda. 

III. Sed ego, Laterensis, caecum me et praecipitem 
ferri confitear in causa, si aut te a Plancio aut a te illum 
dignitate potuisse superari dixero. Itaque discedam ab 
ea contentione, ad quam tu me vocas, et veniam ad illam, 10 

7 ad quam me causa ipsa deducit. Quid 1 tu magistratuum 
dignitatis iudicem putas esse populum? Fortasse non- 
nunquam est. Utinam vero semper esset ! Sed est 
perraro, et si quando est, in iis magistratibus est man- 
dandis, quibus salutem suam committi putat : his 15 
levioribus comitiis diligentia et gratia petitorum honos 
paritur, non iis ornamentis, quae esse in te videmus. 
Nam quod ad populum pertinet, semper dignitatis iniquus 
iudex est, qui aut invidet aut favet : quamquam nihil 
potes in te, Laterensis, constituere, quod sit proprium 20 

8 laudis tuae, quin id tibi sit commune cum Plancio. Sed 
hoc totum agetur alio loco : nunc tantum disputo de iure 
populi, qui et potest et solet nonnunquam dignos prae- 
terire, nec si a populo praeteritus est, quem non oportuit, 

a iudicibus condemnandus est, qui praeteritus non est. 25 
Nam si ita esset, quod patres apud maiores nostros 
tenere non potuerunt, ut reprehensores essent comitiorum, 
id haberent iudices, vel quod multo etiam minus esset 
ferendum. Tum enim magistratum non gerebat is, qui 
ceperat, si patres auctores non erant facti : nunc postu- 30 


latur a vobis, ut eius exitio, qui creatus sit, iudicium 
populi Roniani reprehendatis. 

Itaque quoniam qua nolui ianua sum ingressus in 
causam, sperare videor tantum afuturam esse orationem 

5 meam a minima suspicione offensionis tuae, te ut potius 
obiurgem, quod iniquum in discrimen adducas dignitatem 
tuam, quam ut eam ego ulla contumelia coner attingere. 
IV. Tu continentiam, tu industriam, tu animum in rem 9 
publicam, tu virtutem, tu innocentiam, tu fidem, tu 

lo labores tuos, quod aedilis non sis factus, fractos esse et 
abiectos et repudiatos putas ? Vide tandem, Laterensis, 
quantum ego a te dissentiam. Si, me-dius fidius, decem 
soli essent in civitate viri boni, sapientes, iusti, graves, 
qui te indignum aedilitate iudicavissent, gravius de te 

15 iudicatum putarem, quam est hoc, quod tu metuis ne 
a populo iudicatum esse videatur. Non enim comitiis 
iudicat semper populus, sed movetur plerumque gratia, 
cedit precibus, facit eos, a quibus est maxime ambitus : 
denique, etiamsi iudicat, non dilectu aliquo aut sapientia 

2o ducitur ad iudicandum, sed impetu nonnunquam et 
quadam etiam temeritate. Non est enim consilium in 
vulgo, non ratio, non discrimen, non diligentia : semperque 
sapientes ea, quae populus fecisset, ferenda, non semper 
laudanda duxerunt. Quare cum te aedilem fieri oportuisse 

25 dicis, populi culpam, non competitoris accusas. Ut fueris 10 

idignior quam Plancius — de quo ipso tecum ita contendam 
paulo post, ut conservem dignitatem tuam — sed ut fueris 
dignior, non competitor, a quo es victus, sed populus, a 
quo es praeteritus, in culpa est. In quo illud primum 
30 debes putare, comitiis, praesertim aediliciis, studium esse 


populi, non iudicium : eblandita illa, non enucleata esse 
sufFragia : eos, qui sufFragium ferant, quid cuique ipsi 
debeant considerare saepius quam quid cuique a re 
publica debeatur. Sin autem mavis esse iudicium, non 

11 tibi id rescindendum est, sed ferendum. ' Male iudicavit s 
populus.' — At iudicavit. — 'Non debuit.' — At potuit. — 
'Non fero.' — At multi clarissimi et sapientissimi cives 
tulerunt. Est enim liaec condicio liberorum populorum 
praecipueque huius principis populi et omnium gentium 
domini atque victoris, posse suflfragiis vel dare vel detrahere lo 
quod velit cuique : nostrum est autem, nostrum, qui in 
hac tempestate populi iactemur et fluctibus, ferre modice 
populi voluntates, allicere alienas, retinere partas, placare 

12 turbatas : honores si magni non putemus, non servire 
populo : sin eos expetamus, non defetigari supplicando. 15 

§§ 12-13. The grounds which induced the people to choose 
Plancius rather than Laterensis are given in tlieir own 
words. Laterensis has relied too much on his high hirth, 
aiid not canvassed in a proper spirit ; moreover, he lcept 
away from Rome just at the time when his presence was 
most necessary. 

V. Venio iam ad ipsius populi partes, ut illius contra 
te oratione potius quam mea disputem. Qui si tecum 
congrediatur et si una loqui voce possit, haec dicat : ' Ego 
tibi, Laterensis, Plancium non anteposui, sed cum essetis 
aeque boni viri, meum beneficium ad eum potius detuli, 20 
qui a me contenderat, quam ad eum, qui mihi non nimis 
submisse supplicarat.' Respondebis, credo, te splendore 
et vetustate familiae fretum non valde ambiendum putasse. 
At vero te ille ad sua instituta suorumque maiorum 


exempla revocabit : semper se dicet rogari voluisse, semper 
sibi supplicari : se M. Seium, qui ne equestrem quidem 
splendorem incolumem a calamitate iudicii retinere potu- 
isset homini nobilissimo innocentissimo eloquentissimo, 

s M. Pisoni, praetulisse : praeposuisse se Q. Catulo, summa 
in familia uato, sapientissimo et sanctissimo viro, non 
dico C. Serranum, stultissimum hominem — fuit enim 
tamen nobilis — non C. Fimbriam, novum hominem — 
fuit enim et animi satis magni et consilii — sed Cn. 

lo Manlium, non solum ignobilem, verum sine virtute, sine 
ingenio, vita etiam contempta ac sordida. ' Desiderarunt 13 
te,' inquit, 'oculi mei, cum tu esses Cyrenis. Me enim 
quam socios tua frui virtute malebam, et, quo plus 
intererat, eo plus aberat a me, cum te non videbam. 

15 Deinde sitientem me virtutis tuae deseruisti ac reliquisti. 
Coeperas enim petere tribunatum plebis temporibus iis, 
quae istam eloquentiam et virtutem requirebant : quam 
petitionem cum reliquisses, si hoc indicasti, tanta in 
tempestate te gubernare non posse, de virtute tua dubitavi : 

2o si nolle, de voluntate. Sin, quod magis intellego, tem- 
poribus te aliis reservasti, ego vero te,' inquiet populus 
Bomanus, 'ad ea tempora revocavi, ad quae tu te ipse 
servaras. Pete igitur eum magistratum, in quo mihi 
magnae utilitati esse possis : aediles quicunque erunt, 

25 iidem mihi sunt ludi parati : tribuni plebis permagni 
interest qui sint. Quare aut redde mihi quod ostenderas, 
aut si quod mea minus interest, id te magis forte delectat, 
reddam tibi istam aedilitatem etiam negligenter petenti : 
sed amplissimos honores ut pro dignitate tua consequare, 

30 condiscas censeo mihi paulo diligentius supplicare.' 


§§ 14-16. The duty of the not to inquire how a man has 
heen elected, uyiless bribery has been employed. The people 
elect whom they liJce. 

14 VI. Haec populi oratio est; mea vero, Laterensis, 
haec : Quare victus sis, non debere iudicem quaerere, 
modo ne largitione sis victus. Nam si quotienscunque 
praeteritus erit is, qui non debuerit praeteriri, totiens 
oportebit eum, qui factus erit, condemnari, nihil est iam 5 
quod populo supplicetur, nihil quod diribitio sufFragiorum, 
nihil quod renuntiatio exspectetur ; simul ut, qui sint 
professi, videro, dicam : ' Hic familia consulari est, ille 
praetoria; reliquos video esse ex equestri loco; sunt 
omnes sine macula, sunt omnes aeque boni viri atque 10 
integri, sed servari necesse est gradus; cedat consulari 
generi praetorium : ne contendat cum praetorio nomine 

15 equester locus.' Sublata sunt studia, exstinctae suffraga- 
tiones, nullae contentiones, nulla libertas populi in 
mandandis magistratibus, nuUa exspectatio suffragiorum : 15 
nihil, ut plerumque evenit, praeter opinionem accidet; 
nulla erit posthac varietas comitiorum. Sin hoc persaepe 
accidit, ut et factos aliquos et non factos esse miremur, 

si campus atque illae undae comitiorum, ut mare pro- 
fundum et immensum, sic effervescunt quodam quasi 20 
aestu, ut ad alios accedant, ab aliis autem recedant : 
tanto nos in impetu studiorum et motu temeritatis modum 

16 aliquem et consilium et rationem requiremus 1 Qua re 
noli me ad contentionem vestrum vocare, Laterensis. 
Etenim si populo grata est tabella, quae frontes aperit 25 
hominum, mentes tegit datque eam libertatem, ut quod 
velint faciant, promittant autem quod rogentur : cur tu id 


in iudicio ut fiat exprimis, quod non fit in campo 1 ' Hic 
quam ille dignior ' perquam grave est dictu. Quo modo 
igitur est aequius ? Sic credo : quod agitur, quod satis est 
iudici : ' Hic factus est.' Cur iste potius quam ego 1 Yel 
5 nescio vel non dico vel denique, quod mihi gravissimum 
esset, si dicerem, sed impune tamen deberem dicere : * Non 
recte,' num quid adsequerere, si illa extrema defensione 
uterer, populum quod voluisset fecisse, non quod debuisset ? 

§§ 17-22. Cicero, after stating that M will not compare the per- 
sonal merits of Flancius and Latercnsis, proceeds to show 
that Plancius won his election in afair aTid usual way ; his 
equestrian rank helped him ; he was supported hy the people 
of Atina and other towns in the neighhourhood. 

VII. Quid 1 si populi factum defendo, Laterensis, et 17 

lodoceo Cn. Plancium non obrepsisse ad honorem, sed eo 
venisse cursu, qui semper patuerit hominibus ortis hoc 
nostro equestri loco : possumne eripere orationi tuae 
contentionem vestrum, quae tractari sine contumelia non 
potest, et te ad causam aliquando crimenque deducere^ 

15 Si, quod equitis Romani filius est, inferior esse debuit, 
omnes tecum equitum Romanorum filii petiverunt. Nihil 
dico amplius; hoc tamen miror, cur huic potissimum 
irascare, qui longissime a te afuit. Equidem, si quando, 
ut fit, iactor in turba, non ilhim accuso, qui est in summa 

2o sacra via, cum ego ad Fabium fornicem impellor, sed 
eum, qui in me ipsum incurrit atque incidit. Tu neque 
Q. Pedio, forti viro, suscenses neque huic A. Plotio, 
ornatissimo homini familiari meo, et ab eo, qui hos 
dimovit, potius quam ab iis, qui in te ipsum incubuerunt, 

25 te depulsum putas. Sed tamen haec tibi est prima cum 18 


Plancio generis vestri familiaeque contentio, qua abs te 
yincitur. (Cur enim non confitear quod necesse est?) 
Sed non hic magis quam ego a meis competitoribus et 
alias et in consulatus petitione vincebar. Sed vide ne 
haec ipsa, quae despicis, huic suflfragata sint ; sic enim 5 
conferamus. Est tuum nomen utraque familia consulare : 
num dubitas igitur, quin omnes, qui favent nobilitati, 
qui id putant esse pulcherrimum, qui imaginibus, qui 
nominibus vestris ducuntur, te aedilem fecerint 1 Equidem 
non dubito. Sed si parum multi sunt qui nobilitatem 10 
ament, num ista est nostra culpa 1 Etenim ad caput et 
ad fontem generis utriusque veniamus. 

19 VIII. Tu es e municipio antiquissimo Tusculano, ex 
quo sunt plurimae familiae consulares, in quibus est 
etiam luventia ; tot, quot ex reliquis municipiis omnibus 15 
non sunt. Hic est e praefectura Atinati, non tam prisca, 
non tam honorata, non tam suburbana. Quantum 
interesse vis ad rationem petendi? Primum utrum 
magis favere putas Atinates an Tusculanos suis ? Alteri 
— scire enim hoc propter vicinitatem facile possum — cum 20 
huius ornatissimi atque optimi viri, Cn. Saturnini, patrem 
aedilem, cum praetorem viderunt, quod primus ille non 
modo in eam familiam, sed etiam in praefecturam illam 
sellara curulem attulisset, mirandum in modum laetati 
sunt; alteros — credo, quia refertum est municipium 25 
consularibus, nam malivolos non esse certo scio — numquam 

20 intellexi vehementius suorum honore laetari. Habemus 
hoc nos, habent nostra municipia. Quid ego de me, de 
fratre meo loquar^ quorum honoribus agri ipsi prope 
dicam montesque faverunt. Num quando vides Tuscu- 30 


lanum aliquem de M. Catone illo in omne virtute principe, 
num de Ti. Coruncanio, municipe suo num de tot Fulviis 
gloriari? verbum nemo faeit. At in queracunque Arpi- 
natem iucideris, etiamsi nolis, erit tamen tibi fortasse 

5 etiam de nobis aliquid, sed certe de C. Mario audiendum. 
Primum igitur hic habuit studia suorum ardentia; tu 
tanta, quanta in hominibus iam saturatis honoribus esse 
potuerunt. Deinde tui municipes sunt illi quidem 21 
splendidissimi homines, sed tamen pauci, siquidem cum 

lo Atinatibus conferantur ; huius praefectura plena virorum 
fortissimorum, sic ut nulla tota Italia frequentior dici 
possit. Quam quidem nunc multitudinem videtis, iudices, 
in squalore et luctu supplicem vobis. Hi tot equites 
Romani, tot tribuni aerarii — nam plebem a iudicio 

15 dimisimus, quae cuncta comitiis adfuit — quid roboris, 
quid dignitatis huius petitioni attulerunt? Non enim 
tribum Teretinam, de qua dicam alio loco, sed dignitatem, 
sed oculorum coniectum, sed solidam et robustam et 
adsiduam frequentiam praebuerunt. Nostra municipia 

2o coniunctione etiam vicinitatis vehementer moventur. IX. 22 
Omnia, quae dico de Plancio, dico expertus in nobis; 
sumus enim finitimi Atinatibus. Laudanda est vel etiam 
admiranda vicinitas retinens veterem illam officii rationem, 
non infuscata malivolentia, non adsueta mendaciis, non 

25 fucosa, non fallax, non erudita artificio simulationis vel 
suburbano vel etiam urbano. Nemo Arpinas non Plancio 
studuit, nemo Soranus, nemo Casinas, nemo Aquinas. 
Tractus ille celeberrimus, Venafranus, Allifanus, tota 
denique nostra illa aspera et montuosa et fidelis et simplex 

30 et fautrix suorum regio se huius honore ornari, se augeri 


dignitate arbitrabatur : isdemque nuuc ex municipiis 
adsunt equites Romani publice cum legatione testimonio, 
nec minore nunc sunt sollicitudine quam tum erant studio. 

§§ 23-30. Plancius' eledion was also furthered hy ihe injiuence 
of his father, one of the most prominent of the publicani ; 
hy Cicerds exertions on his hehalf in return for kindness 
received during exile ; lastly, Plancius^ private character 
and gen^ral worth made him, in the eyes of the people, a 
most worthy recipient of the 

23 Etenim est gravius spoliari fortunis quam non augeri 
dignitate. Ergo ut alia in te erant illustriora, Laterensis, 5 
quae tibi maiores tui reliquerant, sic te Plancius hoc 
non solum municipii, verum etiam vicinitatis genere 
vincebat. Nisi forte te Labicana aut Gabina aut 
Bovillana vicinitas adiuvabat : quibus e municipiis vix 
iam, qui carnem Latinis petant, reperiuntur. Adiun- 10 
gamus, si vis, id, quod tu huic obesse etiam putas, patrem 
publicanum : qui ordo quanto adiumento sit in honore 
quis nescit ? Flos enim equitum Romanorum, ornamentum 
civitatis, firmamentum rei publicae publicanorum ordine 

24 continetur. Quis est igitur, qui neget ordinis eius 15 
studium fuisse in honore Plancii singulare ? Neque 
iniuria, vel quod erat pater is, qui est princeps iam diu 
publicanorum, vel quod is ab sociis unice diligebatur, vel 
quod diligentissime rogabat, vel quia pro filio supplica- 
bat, vel quod huius ipsius in illum ordinem summa oflBcia 20 
quaesturae tribunatusque constabant, vel quod illi in hoc 
ornando ordinem se ornare et consulere liberis suis arbi- 

X. Aliquid praeterea — timide dico, sed tamen 


dicendum est : — non enim opibus, non invidiosa gratia, 
non potentia vix ferenda, sed commemoratione beneficii, sed 
misericordia, sed precibus aliquid attulimus etiam nos. 
Appellavi populum tributim, submisi me et supplicavi: 

5 ultro me hercule se mihi etiam offerentes, ultro pollicentes 
rogavi. Valuit causa rogandi, non gratia. Nec si vir 25 
amplissimus, cui nihil est quod roganti concedi non 
iure possit, de aliquo, ut dicis, non impetravit, ego sum 
arrogans, quod me valuisse dico. Nam ut omittam illud, 

lo quod ego pro eo laborabam, qui valebat ipse per sese, 
rogatio ipsa semper est gratiosissima, quae est ofiicio 
necessitudinis coniuncta maxime. Neque enim ego sic 
rogabam, ut petere viderer, quia familiaris esset meus, 
quia vicinus, quia huius parente semper plurimum essem 

15 usus, sed ut quasi parenti et custodi salutis meae. Non 
potentia mea, sed causa rogationis fuit gratiosa. Nemo 
mea restitutione laetatus est, nemo iniuria doluit, cui non 
huius in me misericordia grata fuerit. Etenim si ante 26 
reditum meum Cn. Plancio se vulgo viri boni, cum hic 

2o tribunatum peteret, ultro offerebant : cui nomen meum 
absentis honori fuisset, ei meas praesentes preces non 
putas profuisse ? An Minturnenses coloni, quod C. 
Marium e civili ferro atque ex impiis manibus eripuerunt, 
quod tecto receperunt, quod fessum inedia fluctibusque 

25 recrearunt, quod viaticum congesserunt, quod navigium 
dederunt, quod eum linquentem terram eam, quam 
servarat, votis, ominibus lacrimisque prosecuti sunt, 
aeterna in laude versantur : Plancio, quod me vel vi 
pulsum vel ratione cedentem receperit, iuverit, custodierit, 

30 his et senatui populoque Romano, ut haberent quem 



reducerent, conservarit, honori hauc fidem, misericordiam, 
virtutem fuisse miraris 1 

27 XI. Vitia mehercule Cn. Plancii res eae, de quibus 
dixi, tegere potuerunt, ne tu in ea vita, de qua iam dicam, 
tot et tanta adiumenta huic honori fuisse mirere. Hic s 
est enim, qui adulescentulus cum A. Torquato profectus 
in Africam sic ab illo gravissimo et sanctissimo atque 
omni laude et honore dignissimo viro dilectus est, ut et 
contubernii necessitudo et adulescentis modestissimi 
pudor postulabat. Quod, si adesset, non minus ille lo 
declararet quam hic illius frater patruelis et socer, T. 
Torquatus, omni illi et virtute et laude par, qui est 
quidem cum illo maximis vinclis et propinquitatis et 
adfinitatis coniunctus, sed ita magnis amoris, ut illae 
necessitudinis causae leves esse videantur. Fuit in Creta 15 
postea contubernalis Saturnini, propinqui sui ; miles 
huius Q. Metelli, cui cum fuerit probatissimus hodieque 
sit, omnibus esse se probatum debet sperare. In ea 
provincia legatus fuit C. Sacerdos, qua virtute, qua 
constantia vir ! L. Flaccus, qui homo, qui civis ! qui 20 
qualem hunc putent adsiduitate testimonioque declarant. 

28 In Macedonia tribunus militum fuit ; in eadem provincia 
postea quaestor. Primum Macedonia sic eum diligit, ut 
indicant hi principes civitatum suarum ; qui cum missi 
sint ob aliam causam, tamen huius repentino periculo 25 
commoti huic adsident, pro hoc laborant, huic si praesto 
fuerint, gratius se civitatibus suis facturos putant quam 
si legationem suam et mandata confecerint. L. vero 
Apuleius hunc tanti facit, ut morem ilhim maiorum, qui 
praescribit in parentum loco quaestoribus suis praetores 30 


esse oportere, oflSciis benivolentiaque superarit. Tribunus 
plebis fuit, non fortasse tam vehemens quam isti, quos 
tu iure laudas, sed certe talis, quales si omnes semper 
fuissent, numquam desideratus vehemens esset tribunus. 

5 XII. Omitto illa, quae si minus in scaena sunt, at 29 
certe, cum sunt prolata, laudantur, ut vivat cum suis, 
primum cum parente — nam meo iudicio pietas funda- 
mentum est omnium virtutum — quem veretur ut deum 
— neque enim multo secus est parens liberis — amat 

lo vero ut sodalem, ut fratrem, ut aequalem. Quid dicam 
cum patruo, cum adfinibus, cum propinquis, cum hoc Cn. 
Saturnino, ornatissimo viro ? cuius quantam honoris huius 
cupiditatem fuisse creditis, cum videtis luctus societatem 1 
Quid de me dicam, qui mihi in huius periculo reus esse 

15 videor ? quid de his tot viris talibus, quos videtis veste 
mutata? Atque haec sunt indicia, iudices, solida et 
expressa, haec signa probitatis non fucata forensi specie, 
sed domesticis inusta notis veritatis. Futtilis est illa 
occursatio et blanditia popularis : adspicitur, non attrecta- 

2o tur ; procul apparet, non excutitur, non in manus sumitur. 
Omnibus igitur rebus ornatum hominem tam externis 30 
quam domesticis, nonnullis rebus inferiorem quam te, 
generis dico et nominis, superiorem aliis, municipum 
vicinorum societatum studio, meorum temporum memoria, 

25 parem virtute integritate modestia aedilem factum esse 
miraris ? 


§§ 30-35. Cicero sliows that thc imputations cast hy Laterensis 
on Plancius life and conduct are entirely unfounded. 

Hunc tu vitae splendorem macuHs adspergis istis'? 


lacis adulteria, quae nemo non modo nomine, sed ne 
suspicione quidem possit agnoscere. ' Bimaritum ' appellas, 
ut verba etiam fingas, non solum crimina. Ductum esse 
ab eo in provinciam aliquem dicis libidinis causa, quod 
non crimen est, sed impunitum in maledicto mendacium. 5 
Raptam esse mimulam ; quod dicitur Atinae factum a 
iuventute vetere quodam in scaenicos iure maximeque 

31 oppidano. adulescentiam traductam eleganter ! cui 
quidem cum quod licuerit obiciatur, tamen id ipsum 
falsum reperiatur. — 'Emissus aliqui e carcere.' — Et 10 
quidem emissus per imprudentiam, emissus, ut cognostis, 
necessarii hominis optimique adulescentis rogatu : idem 
postea praemandatis requisitus. Atque haec nec ulla 
alia sunt coniecta maledicta iu eius vitam, de cuius vos 
pudore religione integritate dubitetis. XIII. ' Pater 15 
vero,' inquit, 'etiam obesse filio debet.' vocem duram 
atque indignam tua probitate, Laterensis ! Pater ut in 
iudicio capitis, pater ut in dimicatione fortunarum, pater 
ut apud tales viros obesse filio debeat 1 qui si esset tur- 
pissimus, si sordidissimus, tamen ipso nomine patrio 20] 
valeret apud clementes iudices et misericordes : valeret, 
inquam, communi sensu omnium et dulcissima commen- 

32 datione naturae. Sed cum sit Cn. Plancius is eques 
Romanus, ea primum vetustate equestris nominis, ut pater, 
ut avus, ut maiores eius omnes equites Romani fuerint, 23 
summum in praefectura florentissima gradum tenuerint 
et dignitatis et gratiae : deinde ut ipse in legionibus 
P. Crassi imperatoris inter ornatissimos homines, equites 
Romanos, summo splendore fuerit : ut postea princeps 
inter suos plurimarum rerum sanctissimus et iustissimus 30 


iudex, maximarumsocietatumauctor, plurimarum magister : 
si noii modo in eo nihil unquam repreliensum, sed laudata 
sunt omnia, tamen is oberit honestissimo filio pater, qui 
vel minus honestum et alienum tueri vel auctoritate sua 

5 vel gratia possit? — 'Asperius,' inquit, 'locutus est 33 
aliquid aliquando.' — Immo fortasse liberius. — 'At id 
ipsum,' inquit, 'non est ferendum.' — Ergo ii ferendi 
sunt, qui hoc queruntur, libertatem equitis Romani se 
ferre non posse? Ubinam ille mosl ubi illa aequitas 

lo iuris 1 ubi illa antiqua libertas, quae malis oppressa civili- 
bus extollere iam caput et aliquando recreata se erigere 
debebat *? Equitum ego Romanorum in homines nobilis- 
simos maledicta, publicanorum in Q. Scaevolam, virum 
omnibus ingenio, iustitia, integritate praestantem, aspere 

15 et ferociter et libere dicta commemorem 1 

XIV. Consuli P. Nasicae praeco Granius medio in 
foro, cum ille edicto iustitio domum decedens rogasset 
Granium, quid tristis esset ; an quod reiectae auctiones 
essent : 'Immo vero,' inquit, 'quod legationes.' Idem 

2o tribuno plebis potentissimo homini, M. Druso, sed multa 
in re publica molienti, cura ille eum salutasset, et, ut fit, 
dixisset : ' Quid agis, Grani 1 ' respondit : ' Immo vero 
tu, Druse, quid agis*?' Ille L. Crassi, ille M. Antonii 
voluntatem asperioribus facetiis saepe perstrinxit impune ; 

25 nunc usque eo est oppressa nostra adrogantia civitas, ut, 
quae fuit olim praeconi in ridendo, nunc equiti Romano 
in plorando non sit concessa libertas 1 Quae enim unquam 34 
fuit Planci vox contumeliae potius quam dolorisl quid 
est autem unquam questus, nisi cum a sociis et a se 

3oiiiiuriam propulsaret? Cum senatus impediretur, quo 


minus, id quod hostibus semper erat tributum, responsum 
equitibus Romanis redderetur, omnibus illa iniuria dolori 
fuit publicanis, sed eum ipsum dolorem hic tulit paulo 
apertius. Communis ille sensus in aliis fortasse latuit : 
hic, quod cum ceteris animo sentiebat, id magis quam 5 

35 ceteri et vultu promptum habuit et lingua. Quamquam, 
iudices — agnosco enim ex me — permulta in Plancium, 
quae ab eo nunquam dicta sunt, conferuntur. Ego quia 
dico aliquid aliquando, non studio adductus, sed aut 
contentione dicendi aut lacessitus, et quia, ut fit in 10 
multis, exit aliquando aliquid si non perfacetum, at 
tamen fortasse non rusticum, quod quisque dixit, me id 
dixisse dicunt. Ego autem, si quid est, quod mihi scitum 
esse videatur et homine ingenuo dignum atque docto, 
non aspernor : stomachor, cum aliorum non me digna in 15 
me conferuntur. Nam quod primus scivit legem de 
publicanis tum, cum vir amplissimus consul id illi ordini 
per populum dedit, quod per senatum, si licuisset, 
dedisset : si in eo crimen est, quia suffragium tulit, quis 
non tulit publicanusl si, quia primus scivit, utrum id 
sortis esse vis an eius, qui illam legem ferebat? Si 
sortis, nuUum crimen est in casu : si consulis, splendor 
etiam Planci hunc a summo viro principem ezse ordinis 

§§ 36-57. The second part of the speech. Cicero considers ihe 
legal aspect of the case, and shows that Laterensis cannot 
prove that FlanciiLs made use of bribery a7id corruption, 
that Laterensis has acted contrary to the spirit of tlie laiv in 
accusing Plancius imder the Lex Licinia (§§ 36-48), 

36 XV. Sed aliquando veniamus ad causani. In qua tu 25 


nomine legis Liciniae, quae est de sodaliciis, omnes 
ambitus leges complexus es. Neque enim quidquam 
aliud in hac lege nisi editicios iudices es secutus : quod 
genus iudiciorum si est aequum uUa in re nisi in hac 

s tribuaria, non intellego, quam ob rem senatus hoc uno in 
genere tribus edi voluerit ab accusatore neque eandem 
editionem transtulerit in ceteras causas, de ipso denique 
ambitu reiectionem fieri voluerit iudicum alternorum, 
cumque nullum genus acerbitatis praetermitteret, hoc 

lo tamen unum praetereundum putarit. Quid 1 huiusce rei 37 
tandem obscura causa est, an et agitata tum, cum ista in 
senatu res agebatur, et disputata hesterno die copiosissime 
a Q. Hortensio, cui tum est senatus adsensus? Hoc 
igitur sensimus : ' cuiuscumque tribus largitor esset, et 

15 per hanc consensionem, quae magis honeste quam vere 
sodalitas nominaretur, quam quisque tribum turpi largi- 
tione corrumperet, eum maxime iis hominibus, qui eius 
tribus essent, esse notum.' Ita putavit senatus, cum reo 
tribus ederentur eae, quas is largitione devinctas haberet, 

2o eosdem fore testes et iudices. Acerbum omnino genus 
iudicii, sed tamen, si vel sua vel ea, quae maxime esset 
cuique coniuncta, tribus ederetur, vix recusandum. 
XVI. Tu autem, Laterensis, quas tribus edidisti 1 38 
Teretinam, credo. Fuit certe id aequum et certe ex- 

25 spectatum est et fuit dignum constantia tua. Cuius tu 
tribus venditorem et corruptorem et sequestrem Plancium 
fuisse clamitas, eam tribum profecto, severissimorum 
praesertim hominum et gravissimorum, edere debuisti. 
At Voltiniam : lubet enim tibi nescio quid etiam de illa 

^o tribu criminari. Hanc igitur ipsam cur non edidisti 1 



Quid Plancio cum Lemonia? quid cum Ufentina ? quid 
cum Clustumina? Nam Maeciam, non quae iudicaret, 

39 sed quae reiceretur, esse voluisti. Dubitatis igitur, 
iudices, quin vos M. Laterensis suo iudicio, non ad 
sententiam legis, sed ad suam spem aliquam de civitate 5 
delegerit ? dubitatis, quin eas tribus, in quibus magnas 
necessitudines habet Plancius, cum ille non ediderit, 
iudicarit oflQciis ab hoc observatas, non largitione cor- 
ruptas? Quid enira potest dicere, cur ista editio non 
sunimam habeat acerbitatem remota ratione illa, quam 10 

40 in decernendo secuti sumus ? Tu deligas ex omni populo 
aut amicos tuos aut inimicos meos aut denique eos, quos 
inexorabiles, quos inhumanos, quos crudeles existimes? 
tum me ignaro, nec opinante, inscio notes et tuos et 
tuorum amicorum necessarios, iniquos vel meos vel etiam 15 
defensorum meorum, eodemque adiungas, quos natura 
putes asperos atque omnibus iniquos? deinde effundas 
repente, ut ante consessum meorum iudicum videam, 
quam potuerira, qui essent futuri suspicari, apud eosque 
rae ne quinque quidem reiectis, quod in proximo reo de 20 
consilii sententia constitutum est, cogas causam de 

4X fortunis omnibus dicere ? Non enim, si aut Plancius ita 
vixit, ut offenderet sciens neminem, aut tu ita errasti, ut 
eos ederes imprudens, ut nos invito te tamen ad iudices, 
non ad carnifices veniremus, idcirco ista editio per se non 25 
acerba est. 

XVII. An vero nuper clarissimi cives nomen editicii 
iudicis non tulerunt, cum ex cxxv iudicibus, principibus 
equestris ordinis, quinque et lxx reus reiceret, l referret 
omniaque potius permiscuerunt, quam ei legi condicionique 30 


parerent : nos neque ex delectis iudicibus, sed ex omni 
populo, neque editos ad reiciendum, sed ab accusatore 
constitutos iudices ita feremus, ut neminem reiciamus? 
Neque ego nunc legis iniquitatem queror, sed factum 42 

5 tuum a sententia legis doceo discrepare : et illud acerbum 
iudicium si, quem ad modum senatus censuit populusque 
iussit, ita fecisses, ut huic et suam et ab hoc observatas 
tribus ederes, non modo non quererer, sed hunc iis iudi- 
cibus editis, qui iidem testes esse possent, absolutum 

10 putarem : neque nunc multo secus existimo. Cum enim 
has tribus edidisti, ignotis te iudicibus uti malle quam 
notis indicavisti : fugisti sententiam legis : aequitatem 
omnem reiecisti : in tenebris quam in luce causam versari 
maluisti. ' Voltinia tribus ab hoc corrupta, Teretinam 43 

15 habuerat venalem. Quid diceret apud Voltinienses aut 
apud tribules suos iudices ? ' Immo vero tu quid diceres ? 
quem iudicem ex illis aut tacitum testem haberes aut 
vero etiam excitaresl Etenim, si reus tribus ederet, 
Voltiniam fortasse Plancius propter necessitudinem ac 

2o vicinitatem, suam vero certe edidisset. Vel si quaesitor 
huic edendus fuisset, quem tandem potius quam hunc C. 
Alfium, quem habet, cui notissimus esse debet, vicinum, 
tribulem, gravissimum hominem iustissimumque edidisset 1 
cuius quidem aequitas et ea voluntas erga Cn. Plancii 

25 salutem, quam ille sine ulla cupiditatis suspicione prae 
se fert, facile declarat n.- . fuisse fugiendos tribules huic 
iudices, cui quaesitorem trlbulem exoptandum fuisse 

XVIII. Neque ego nunc consilium reprehendo tuum, 44 

30 quod eas tribus, quibus erat hic maxime notus, non 


edideris : sed a te doceo consilium non servatum senatus. 
Etenim quis te tum audiret illorum aut quid diceres? 
Sequestremne Plancium'? respuerent aures, nemo agno- 
sceret. An gratiosum? illi libenter audirent, nos non 
timide confiteremur. Noli enim putare, Laterensis, 5 
legibus istis, quas senatus de ambitu sanciri voluerit, id 
esse actum, ut suiFragatio, ut observantia, ut gratia tol- 
leretur. Semper fuerunt viri boni, qui apud tribules 

45 suos gratiosi esse vellent. Neque vero tam durus in 
plebem noster ordo fuit, ut eam coli nostra modica libera- 10 
litate noluerit : neque hoc liberis nostris interdicendum 
est, ne observent tribules suos, ne diligant, ne conficere 
necessariis suis suam tribum possint, ne par ab iis munus 
in sua petitione exspectent. Haec enim plena sunt 
officii, plena observantiae, plena etiam antiquitatis. Isto 15 
in genere et fuimus ipsi, cum ambitionis nostrae tempora 
postulabant, et clarissimos viros esse vidimus et hodie 
esse volumus quam plurimos gratiosos. Decuriatio 
tribulium, discriptio populi, suffragia largitione devincta 
severitatem senatus et bonorum omnium iram ac dolorem 20 
excitarunt. Haec doce, haec profer, huc incumbe, Late- 
rensis, decuriasse Plancium, conscripsisse, sequestrem 
fuisse, pronuntiasse, divisisse : tum mirabor te iis armis 
uti, quae tibi lex dabat, noluisse. Tribulibus enim 
iudicibus non modo severitatem illorum, si ista vera 25 

46 sunt, sed ne vultus quidem ferre possemus. Hanc tu 
rationem cum fugeris cumque eos iudices habere nolueris, 
quorum in huius delicto cum scientia certissima tum 
dolor gravissimus esse debuerit, quid apud hos dices, qui 
abs te taciti requirunt, cur sibi hoc oneris imposueris, 30 


cur se potissimum delegeris, cur denique se divinare 
malueris quam eos, qui scirent, iudicare? XIX. Ego 
Plancium, Laterensis, et ipsum gratiosum esse dico et 
habuisse in petitione multos cupidos sui gratiosos : quos 

5 tu si sodales vocas, officiosam amicitiam nomine inquinas 
criminoso : sin, quia gratiosi sint, accusandos putas, noli 
mirari te id, quod tua dignitas postularit, repudiandis 
gratiosorum amicitiis non esse adsecutum. Nam ut ego 47 
doceo gratiosum esse in sua tribu Plancium, quod multis 

10 benigne fecerit, pro multis spoponderit, in operas plurimos 
patris auctoritate et gratia miserit, quod denique omnibus 
officiis per se, per patrem, per maiores suos totam 
Atinatem praefecturam comprehenderit, sic tu doce se- 
questrem fuisse, largitum esse, conscripsisse, tribules 

is decuriavisse. Quod si non potes, noli tollere ex ordine 
nostro liberalitatem, noli maleficium putare esse gratiam, 
noli observantiam sancire poena. 

Itaque haesitantem te in hoc sodaliciorum tribuario 
crimine ad communem ambitus causam contulisti, in qua 

2o desinamus aliquando, si videtur, vulgari et pervagata 
declamatione contendere. Sic enim tecum ago. Quam 48 
tibi commodum est, tribum unam delige ; tu doce id, 
quod debes, per quem sequestrem, quo divisore corrupta 
sit; ego, si id facere non potueris, quod, ut opinio mea 

25 fert, ne incipies quidem, per quem tulerit, docebo. Estne 
haec vera contentio? placetne sic agi? Num possum 
magis pedem conferre, ut aiunt, aut propius accedere ? 
Quid taces 1 quid dissimulas ? quid tergiversaris ? Etiam 
atque etiam insto atque urgeo, insector, posco atque adeo 

30 flagito crimen : quamcunque tribum, inquam, delegeris, 


quam tulerit Plancius, tu pstendito, si poteris, vitium : 
ego qua ratioue tulerit docebo. Neque erit haec alia 
ratio Plancio ac tibi, Laterensis. Nam ut, quas tribus 
tu tulisti, si iam ex te requiram, possis, quorum studio 
tuleris, explicare, sic ego hoc contendo, me tibi ipsi 5 
adversario, cuiuscunque tribus rationem poposceris, 

§§ 49-60. Plancius was practically elected the year lefore, when 
the comitia were postponed. Brihery then was impossible, 
owing to the short notice given of the elections. 

49 XX. Sed cur sic ago? quasi non comitiis iam supe- 
rioribus sit Plancius designatus aedilis : quae comitia 
primum habere coepit consul cum omnibus in rebus lo 
summa auctoritate tum harum ipsarum legum ambitus 
auctor : deinde habere coepit subito praeter opinionem 
omnium, ut, ne si cogitasset quidem largiri quispiam, 
daretur spatium comparandi. Vocatae tribus, latum 
sufFragium, diribitae tabellae, renuntiatae : longe pluri- 15 
mum valuit Plancius ; nulla largitionis nec fuit nec esse 
potuit suspicio. Ain' tandem ? una centuria praerogativa 
tantum habet auctoritatis, ut nemo unquam eam tulerit, 
quin renuntiatus sit aut iis ipsis comitiis consul prior aut 
certe in illum annum : aedilem tu Plancium factum esse 20 
miraris, in quo non exigua pars populi, sed universus 
populus voluntatem suam declararit, cuius in honore non 
unius tribus pars, sed comitia tota fuerint praerogativa 1 

50 Quo quidem tempore, Laterensis, si id facere voluisses 
aut si gravitatis esse putasses tuae, quod multi nobiles 25 
saepe fecerunt, ut, cum minus valuissent sufFragiis quam 


putassent, postea prolatis comitiis prosternerent se et 
populo Romano fracto animo atque humili supplicarent, 
non dubito, quin omnis ad te se conversura fuerit multi- 
tudo. Nunquam enim fere nobilitas, integra praesertim 

5 atque innocens, a populo Romano supplex repudiata est. 
Sed si tibi gravitas tua et magnitudo animi pluris fuit, 
sicuti esse debuit, quam aedilitas, noli, cum habeas id, 
quod malueris, desiderare id, quod minoris putaris. 
Equidem primum, ut honore dignus essem, maxime 

lo semper laboravi : secundo ut existimarer : tertium mihi 
fuit illud, quod plerisque primum est, ipse honos ; qui iis 
denique debet esse iucundus, quorum dignitati populus 
Romanus testimonium, non beneficium ambitioni dedit. 

§§ 51-53. Laterensis must Twt think that hc has done cliscredit to 
his ancestors because he has failed to ohtain the aedileship, 
for (1) many famous men have failed similarly, and yet 
attained to the highest honours in the State ; and (2) the 
independent line he Ims always followed in politics, espeeially 
in retiring from his candidature for the trihuneship, had 
caused considerable prejudice against him. 

XXI. Quaeris etiam, Laterensis, quid imaginibus tuis, 51 
15 quid ornatissimo atque optimo viro, patri tuo, respondeas 
mortuo. Noli ista meditari, atque illud cave potius, ne 
tua ista querella dolorque nimius ab illis sapientissimis 
viris reprehendatur. Vidit enim pater tuus Appium 
Claudium, nobilissimum hominem, vivo patre suo, poten- 
2o tissimo et clarissimo civi, C. Claudio, aedilem non esse 
factum et eundem sine repulsa factum esse consulem : 
vidit hominem sibi maxime coniunctum, egregium virum, 
L. Volcatium, vidit M. Pisonem ista iu aedilitate offensi- 


uncula accepta summos a populo Romano esse honores 
adeptos. Avus vero tuus et P. Nasicae tibi aediliciam 
praedicaret repulsam, quo cive neminem ego statuo in 
hac re publica fortiorem, et C. Marii, qui duabus aedili- 
tatibus repulsus septiens consul est factus, et L. Caesaris, 5 
Cn. Octavii, M. TuUii : quos omnes scimus aedilitate 

52 praeteritos consules esse factos. Sed quid ego aedilicias 
repulsas coUigo? quae saepe eius modi habitae sunt, ut 
iis, qui praeteriti essent, benigne a populo factum videre- 
tur. Tribunus militum L. Philippus, summa nobilitate 10 
et eloquentia, quaestor C. Caelius, clarissimus ac fortissi- 
mus adulescens, tribuni plebis P. Rutilius Rufus, C. 
Fimbria, C. Cassius, Cn. Orestes facti non sunt : quos 
tamen omnes consules factos scimus esse. Quae tibi 
ultro pater et maiores tui non consolandi tui gratia 15 
dicent, neque vero quo te liberent aliqua culpa, quam tu 
vereris, ne a te suscepta videatur, sed ut te ad istum 
cursum tenendum, quem a prima aetate suscepisti, cohor- 
tentur. Nihil est enim, mihi crede, Laterensis, de te 
detractum. Detractum dico ? si me hercule vere quod 20 
accidit interpretari velis, est aliquid etiam de virtute 
significatum tua. XXII. Noli enim existimare non 
magnum quendam motum fuisse illius petitionis tuae, de 
qua ne aliquid iurares destitisti. Denuntiasti homo 
adulescens, quid de summa re publica sentires : fortius 25 
tu quidem quam nonnulli defuncti honoribus, sed apertius 
quam vel ambitionis vel aetatis tuae ratio postulabat. 

53 Quam ob rem in dissentiente populo noli putare nullos 
fuisse, quorum animos tuus ille fortis animus ofFenderet : 
qui te incautum fortasse nunc tuo loco demovere potueruut, 


providentem autem et praecaventem nunqiiam certe 

§§ 53-55. Cicero meets the charge of coitio, i.e. co^nbination on 
the part of two candidates to prevent the election of a third. 
Laterensis has no proofs of this, and his whole argument is 

An te illa argumenta duxerunt ? ' Dubitatis/ inquit, 
*quin coitio facta sit, cum tribus plerasque cum Plotio 

5 tulerit Plancius 1 ' An una fieri potuerunt, si una tribus 
non tulissenf? 'At nonnullas punctis paene totidem.' 
Quippe, cum iam facti prope superioribus comitiis decla- 
ratique venissent : quamquam ne id quidem suspicionem 
coitionis habuerit. Neque enim unquam maiores nostri 

lo sortitionem constituissent aediliciam, nisi viderent accidere 
posse, ut competitores pares suffragiis essent. Et ais 54 
prioribus comitiis Aniensem a Plotio Pedio, Teretinam a 
Plancio tibi esse concessam : nunc ab utroque eas avulsas, 
ne in angustum venirent. Quam convenit nondum 

15 cognita populi voluntate hos, quos iam tum coniunctos 
fuisse dicis, iacturam suarum tribuum, quo vos adiuva- 
remini, fecisse : eosdem, cum iam essent experti, quid 
valerent, restrictos et tenaces fuisse ? Etenim verebantur, 
credo, angustias, quasi res in contentionem aut in dis- 

20 crimen aliquod posset venire. Sed tamen tu A. Plotium, 
virum ornatissimum, in idem crimen vocando indicas eum 
te adripuisse, a quo non sis rogatus. Nam quod questus 
es plures te testes habere de Voltinia, quam quot in ea 
tribu puncta tuleris, indicas aut eos testes te producere, 

25 qui, quia nummos acceperint, te praeterierint, aut te ne 
gratuita quidem eorum suffragia tulisse. XXIII. Illud 55 


vero crimen de nummis, quos in circo Flaminio depre- 
hensos esse dixisti, caluit re recenti, nunc in causa refrixit. 
Neque enim, qui illi nummi fuerint nec quae tribus nec 
qui divisor, ostendis. Atque is quidem eductus ad 
consules, qui tum in crimen vocabatur, se inique a tuis 5 
iactatum graviter querebatur. Qui si erat divisor, prae- 
sertim eius, quem tu habebas reum, cur abs te reus non 
est factus? cur non eius damnatione aliquid ad hoc 
iudicium praeiudicii comparasti ? 

§§ 55-57. Laterensis' reasdns are not gemcine; what he really 
hopes is to crush Plancius by his superior infiuence, and 
avail himself of the fact that Plancius has many detractors. 
Cicero hopes that the jury will hear this in mind, and sift 
all evidence thoroughly. 

Sed neque tu haec habes neque eis confidis. Alia te 10 
ratio, alia cogitatio ad spem huius opprimendi excitavit. 
Magnae sunt in te opes, late patet gratia ; multi amici, 
multi cupidi tui, multi fautores laudis tuae ; multi huic 
invident, multis etiam pater, optimus vir, nimium retinens 
equestris iuris et libertatis videtur : multi etiam com- 15 
munes inimici reorum omnium, qui ita semper testimonium 
de ambitu dicunt, quasi aut moveant animos iudicum 
suis testimoniis aut gratum populo Romano sit aut ab eo 
facilius ob eam causam dignitatem quam volunt conse- 
56 quantur. Quibuscum me, iudices, pugnantem more meo 20 
pristino non videbitis; non quo mihi fas sit quidquam 
defugere, quod salus Plancii postulet : sed quia neque , 
necesse est me id persequi voce, quod vos mente videatis, 
et quod ita de me meriti sunt illi ipsi, quos ego testes 
video paratos, ut eorum reprehensionem vos vestrae ^sr 


prudentiae adsumere, meae modestiae remittere debeatis. 
Illud unum vos magnopere oro atque obsecro, iudices, 
cum huius, quem defendo, tum communis periculi causa, 
ne fictis auditionibus, ne disseminato dispersoque sermoni 

5 fortunas innocentium subiciendas putetis. Multi amici 57 
accusatoris, nonnulli etiam nostri iniqui, multi communes 
obtrectatores atque omnium invidi multa finxeruut. 
Nihil est autem tam volucre quam maledictum : nihil 
facilius emittitur, nihil citius excipitur, latius dissipatur. 

lo Neque ego, si fontem maledicti reperietis, ut neglegatis 
aut dissimuletis, unquam postulabo. Sed si quid sine 
capite manabit atque erit eius modi, ut non exstet auctor ; 
si, qui audierit, aut ita neglegens vobis esse videbitur, ut 
unde audierit, oblitus sit, aut ita levem habebit auctorem, 

15 ut memoria dignum non putarit, huius illa vox vulgaris, 
AUDivi, ne quid innocenti reo noceat, oramus. 

§§ 58-71. Third part of the speech. Cicerds answer to L. 
Cassius, the junior counsel, who hacl emphasised four points 
in his speech — (1) that Laterensis deserved to he preferred to 
Plancius hecause of his nohle hirth ; to which Cicero replies 
that the path of office is open to all ; men of high hirth gain 
except that they are less envied (§§ 58-60). 

XXIV. Sed venio iam ad L. Cassium, familiarem 53 
meum, cuius ex oratione ne illum quidem luventium 
tecum expostulavi, quem ille omni et humanitate et 
virtute ornatus adulescens primum de plebe aedilem 
curulem factum esse dixit. In quo, Cassi, si tibi ita 
respondeam, nescisse id populum Romanum, neque fuisse, 
qui id nobis narraret, praesertim mortuo Congo, non, ut 
opinor, admirere, cum ego ipse non abhorrens a studio 


antiquitatis me hic id ex te primum audisse confitear. 
Et, quoniam tua fuit perelegans et persubtilis oratio, 
digna equitis Romani vel studio vel pudore, quoniamque 
sic ab his es auditus, ut magnus honos et ingenio et 
humanitati tuae tribueretur, respondebo ad ea, quae s 
dixisti, quae pleraque de ipso me fuerunt : in quibus ipsi 
aculei, si quos habuisti in me reprehendendo, tamen mihi 

59 non ingrati acciderunt. Quaesisti, utrum mihi putarem, 
equitis Romani filio, faciliorem fuisse ad adipiscendos 
honores viam an futuram esse filio meo, quia esset familia ic 
consulari. Ego vero quamquam illi omnia malo quam 
mihi, tamen honorum aditus nunquam illi faciliores 
optavi, quam mihi fuerunt. Quin etiam, ne forte ille sibi 
me potius peperisse iam honores quam iter demonstrasse 
adipiscendorum putet, haec illi soleo praecipere — quam- i: 
quam ad praecepta aetas non est grandis — quae rex 
ille a love ortus suis praecepit filiis : 

' Vigildndum est semper : onilUae insidiae sunt bonis.' 
Nostis cetera ; [nonne ? 

' Id quod multi invideant : '] 2c 

quae scripsit gravis et ingeniosus poeta, non ut illos regios 
pueros, qui iam nusquam erant, sed ut nos et nostros 
liberos ad laborem et ad laudem excitaret. 

60 Quaeris quid potuerit amplius adsequi Plancius, si Cn. 
Scipionis fuisset filius. Magis aedilis fieri non potuisset, 2- 
sed hoc praestaret, quod ei minus invideretur. Etenim 
honorum gradus summis hominibus et infimis sunt pares, 
gloriae dispares. XXV. Quis nostrum se dicit M'. Curio, 
quis C. Fabricio, quis C. Duellio parem 1 quis Atilio 


Calatino ? quis Cn. et P. Scipionibus ? quis Africano, 
Marcello, Maximo 1 tamen eosdem sumus honorum gradus 
quos illi adsecuti. Etenim in virtute multi sunt adscensus, 
ut is maxime gloria excellat, qui virtute plurimum 

5 praestet : lionorum populi finis est consulatus : quem 
magistratum iam octingenti fere consecuti sunt : horum, 
si diligenter quaeres, vix decimam partem reperies gloria 
dignam. Sed nemo unquam sic egit, ut tu : ' Cur iste 
fit consun quid potuit amplius, si L. Brutus esset, 

lo qui civitatem dominatu regio liberavit 1 ' Honore nihil 
amplius, laude multum. Sic igitur Plancius nihilo minus 
quaestor est factus et tribunus plebis et aedilis, quam si 
esset summo loco natus, sed haec pari loco orti sunt 
innumerabiles alii consecuti. 

§ 61. (2) Cassius has comjjlained that Plancius military exploits 
are small. 

^5 Profers triumphos T. Didii et C. Marii, et quaeris, 61 
quid simile in Plancio. Quasi vero isti, quos com- 
memoras, propterea magistratus ceperint, quod trium- 
pharint, et non, quia commissi sunt iis magistratus, in 
quibus re bene gesta triumpharent, propterea trium- 

2o pharint. Rogas quae castra viderit ; qui et miles in 
Creta hoc imperatore et tribunus militum in Macedonia 
fuerit et quaestor tantum ex re militari detraxerit tem- 
poris, quantum in me custodiendum transferre maluerit. 

§ 62. Cicero replies to Cassius^ ohjection (3) that Plancius could 
not show any superiority over Latcrensis in eloquence or 

Quaeris, num disertus sit ? Immo, id quod secundum 62 
25 est, ne sibi quidem videtur. Num iuris consultus 1 


quasi quisquam sit, qui sibi hunc falsum de iure 
respondisse dicat. Omnes enim istius modi artes in iis 
reprehenduntur, qui cum professi sunt, satis facere non 
possunt, non in iis, qui se afuisse ab istis studiis 
confitentur. Virtus, probitas, integritas in candidato, 5 
non linguae volubilitas, non ars, non scientia requiri 
solet. Ut nos in mancipiis parandis quamvis frugi 
hominem, si pro fabro aut pro tectore emimus, ferre 
moleste solemus, si eas artes, quas in emendo secuti 
sumus, forte nesciunt, sin autem emimus, quem vilicum 10 
imponeremus, quem pecori praeficeremus, nihil in eo nisi 
frugalitatem, laborem, vigilantiam esse curamus, sic 
populus Romanus deligit magistratus quasi rei publicae 
vilicos ; in quibus si qua praeterea est ars, facile patitur ; 
sin minus, virtute eorum et innocentia contentus est. 15 
Quotus enim quisque disertus, quotus quisque iuris 
peritus est, ut eos numeres, qui volunt esse? Quodsi 
praeterea nemo est honore dignus, quidnam tot optimis 
et ornatissimis civibus est futurum 1 

§§ 63-67. Cicero, in aiiswer to (4) Cassius' eulogy of Laterensis 
services in the provinces, tells an anecdote from his oion 
experience to show how little people in Rome Tcnow or care 
about provincial affairs. Had LatereTisis really wished to 
conciliate the people he should have done as Cicero himself 
did — not rely on his provincial reputation, but makefriends 
at Rome. 

53 XXVI. lubes Plancium de vitiis Laterensis dicere. 20 
Nihil potest, nisi eum nimis in se iracundum fuisse. 
Idem ecfers Laterensem laudibus. Facile patior id te 
agere multis verbis, quod ad iudicium non pertineat, et id 


te acciisantem tam diu dicere, quod ego defensor sine 
periculo possim confiteri. Atqui non modo confiteor 
summa in Laterense ornamenta esse, sed te etiam repre- 
hendo, quod ea non enumeres, alia quaedam inania et 

5 levia conquiras. 'Praeneste fecisse ludos.' Quid? alii 
quaestores nonne fecerunt? 'Cyrenis liberalem in 
publicanos, iustum in socios fuisse.' Quis negat ? sed ita 
multa Romae geruntur, ut vix ea, quae fiunt in provinciis, 
audiantur. Non vereor ne mihi aliquid, iudices, videar 64 

lo adrogare, si de quaestura mea dixero. Quamvis enim illa 
floruerit, tamen eum me postea fuisse in maximis imperiis 
arbitror, ut non ita multum mihi gloriae sit ex quaesturae 
laude repetendum : sed tamen non vereor, ne quis audeat 
dicere ullius in Sicilia quaesturam aut clariorem aut 

15 gratiorem fuisse. Vere mehercule hoc dicam : sic tum 
existimabam, nihil homines aliud Romae nisi de quaestura 
mea loqui. Frumenti in summa caritate maximum 
numerum miseram : negotiatoribus comis, mercatoribus 
iustus, mancipibus liberalis, sociis abstinens, omnibus 

8o eram visus in omni officio diligentissimus : excogitati 
quidam erant a Siculis honores in me inauditi. Itaque 65 
hac spe decedebam, ut mihi populum Romanum ultro 
omnia delaturum putarem. At ego cum casu diebus iis 
itineris faciendi causa decedens e provincia Puteolos forte 

25 venissem, cum plurimi et lautissimi in iis locis solent esse, 
concidi paene, iudices, cum ex me quidam quaesisset, quo 
die Roma exissem et numquidnam esset novi. Cui cum 
respondissem, me e provincia decedere: 'Etiam meher- 
cule,' inquit, 'utopinor,ex Africa.' XXVII. Huicegoiam 
stomachans fastidiose : ' Immo ex Sicilia,' inquam. Tum 



quidam, quasi qui omnia sciret : ' Quid ? tu nescis,' in- 
quit, ' hunc quaestorem Syracusis fuisse ? ' Qiiid miilta ? 
destiti stomachari et me unum ex iis feci, qui ad aquas 

66 Sed ea res, iudices, haud scio an plus mihi profuerit, 5 
quam si mihi tum essent omnes gratulati. Nam, postea- 
quam sensi populi Romani aures hebetiores, oculos autem 
esse acres atque acutos, destiti, quid de me audituri 
essent homines, cogitare : feci, ut postea cotidie praesen- 
tem me viderent : habitavi in oculis, pressi forum : 1 
neminem a congressu meo neque ianitor meus neque 
somnus absterruit. Ecquid ego dicam de occupatis meis 
temporibus, cui fuerit ne otium quidem umquam 
otiosum? Nam quas tu commemoras, Cassi, legere te 
solere orationes, cum otiosus sis, has ego scripsi ludis et 15 
feriis, ne omnino unquam essem otiosus. Etenim M. 
Catonis illud, quod in principio scripsit Originum suarum, 
semper magnificum et praeclarum putavi, ^ clarorum 
virorum atque magnorum non minus otii quam negotii 
rationem exstare oportere.^ Itaque, si quam habeo 
laudem, quae quanta sit nescio, parta Romae est, 
quaesita in foro ; meaque privata consilia publici quoque 
casus comprobaverunt, ut etiam summa res publica mihi 

67 domi fuerit gerenda et urbs in urbe servanda. Eadem 
igitur, Cassi, via munita Laterensi est, idem virtuti 25 
cursus ad gloriam : hoc facilior fortasse, quod ego huc a 
me ortus et per me nixus adscendi, istius egregia virtus 
adiuvabitur commendatione maiorum. 



§§67-71. Cassius liad maintained that Cicero had exaggerated 
riancius' services to him during his exile, and also exagger- 
ated the daiigers of that period. Cicero replies that certainly 
the services of most well-disposcd Romans to him wcre very 
great, hut in the case of Plancius an excellent opportunity of 
piaying his debt of gratitude had occurred, and he had 
availed himself of it. 

Sed ut redeam ad Plancium, nunquam ex urbe is 
afuit nisi sorte, lege, necessitate ; non valuit rebus iisdem 
quibus fortasse nonnulli; at valuit adsiduitate, valuit 
observandis amicis, valuit liberalitate ; fuit in oculis ; 
5 petivit ; ea est usus ratione vitae, qua minima invidia 
novi homines plurimi sunt eosdem honores consecuti. 

XXVIII. Nam quod ais, Cassi, non plus me Plancio 68 

debere quam bonis omnibus, quod iis aeque mea salus 

cara fuerit, ego me debere bonis omnibus fateor. Sed 

[o etiam ii, quibus ego debeo, boni viri et cives comitiis 

aediliciis aliquid se meo nomine Plancio debere dicebant. 

Verum fac me multis debere et in iis Plancio. Utrum 

igitur me conturbare oportet an ceteris, cum cuiusque 

dies venerit, hoc nomen, quod urget, nunc, cum petitur, 

15 dissolvere 1 Quamquam dissimilis est pecuniae debitio 

et gratiae. Nam qui pecuniam dissolvit, statim non 

habet id, quod reddidit : qui autem debet, is retinet 

j alienum ; gratiam autem et qui refert habet et qui habet 

1 in eo ipso, quod habet, refert. Neque ego nunc Plancio 

!o desinam debere, si hoc solvero, nec minus ei redderem 

voluntate ipsa, si hoc molestiae non accidisset. Quaeris 69 

a me, Cassi, quid pro fratre meo, qui mihi est carissimus, 

quid pro meis liberis, quibus nihil mihi potest esse 

iucundius, amplius, quam quod pro Plancio facio, facere 


possim, nec vides istorum ipsorum caritate ad huius 
salutem defendendam maxime stimulari me atque exci- 
tari. Nam neque illis huius salute, a quo meam sciunt esse 
defensam, quidquam est optatius, et ego ipse nunquam 
illos adspicio, quin, cum per hunc me iis conservatum 5 
esse meminerim, huius meritum in me recorder. 

Opimium damnatum esse commemoras, servatorem 
ipsum rei publicae : Calidium adiungis, cuius lege Q. 
Metellus in civitatem sit restitutus : reprehendis meas pro 
Plancio preces, quod neque Opimius suo nomine liberatus 10 
sit neque Metelli Calidius. XXIX. De Calidio tibi 
tantum respondeo, quod ipse vidi : Q. Metellum Pium 
consulem praetoriis comitiis petente Q. Calidio populo 
Eomano supplicasse, cum quidem non dubitaret et consul 
et homo nobilissimus patronum esse illum suum et 15 

70 familiae nobilissimae dicere. Quo loco quaero ex te, 
num id in iudicio Calidii putes, quod ego in Plancii facio, 
aut Metellum Pium, si Romae esse potuisset, aut patrem 
eius, si vixisset, non fuisse facturum. Nam Opimii 
quidem calamitas utinam ex hominum memoria posset 20 
evelli ! Vulnus illud rei publicae, dedecus huius imperii, 
turpitudo populi Romani, non iudicium putandum est. 
Quam enim illi iudices, si iudices et non parricidae 
patriae nominandi sunt, graviorem potuerunt rei publicae 
infligere securim, quam cum illum e civitate eiecerunt, 25 
qui praetor finitimo, consul domestico bello rem publicam 

71 liberarat 1 At enim nimis ego magnum beneficium 
Plancii facio et, ut ais, id verbis exaggero; quasi vero 
me tuo arbitratu et non meo gratum esse oporteat. 
' Quod istius tantum meritum ? ' inquit. ' An quia te non 30 


iugulavit?' Immo vero, quia iugulari passus non est. 
Quo quidem tu loco, Cassi, etiam purgasti inimicos meos 
meaeque vitae nuUas ab illis insidias fuisse dixisti. 
Posuit hoc idem Laterensis. Quam ob rem paulo post 
5 de isto plura dicam ; de te tantum requiro, utrum putes 
odium in me mediocre inimicorum fuisse — quod fuit 
ullorum unquam barbarorum tam immane ac tam crudele 
in hostem 1 — an fuisse in iis aliquem aut famae metum 
aut poenae, quorum vidisti toto illo anno ferrum in foro, 

lo flammam in delubris, vim in tota urbe versari ? Nisi 
forte existimas eos idcirco vitae meae pepercisse, quod 
de reditu meo nihil timerent. Et quemquam putas fuisse 
tam excordem, qui vivis his, stante urbe et curia redi- 
tumm me, si viverem, non putaret ? Quam ob rem non 

15 debes is homo et is civis praedicare vitam meam, 
quae fidelitate amicorum conservata sit, inimicorum 
molestia non esse appetitam. 

§§ 72-74. Refutation hy Cicero of personal attacks made on his 
cliaracter ; lie had neither lied nor invented his facts to serve 
the turn of the moment. 

XXX. Respondebo tibi nunc, Laterensis, minus 72 
fortasse vehementer, quam abs te sum provocatus : sed 

2o profecto nec considerate minus nec minus amice. Nam 
primum fuit illud asperius, me quae de Plancio dicerem 
mentiri et temporis causa fingere. Scilicet homo sapiens 
excogitavi, quam ob rem viderer maximis beneficii vin- 
culis obstrictus, cum liber essem et solutus. Quid enim ? 

25 mihi ad defendendum Plancium parum multae, parum 
iustae necessitudines erant familiaritatis, vicinitatis, patris 


amicitiae ? quae si non essent, vererer, credo, ne turpiter 
facerem, si hoc splendore et hac dignitate hominem 
defenderem. Fingenda mihi fuit videlicet causa pera- 
cuta, ut ei, quem mihi debere oporteret, ego me omnia 
debere dicerem. At id etiam gregarii milites faciunt 5 
inviti, ut coronam dent civicam et se ab aliquo servatos 
esse fateantur, non quo turpe sit protectum in acie ex 
hostium manibus eripi — nam id accidere nisi forti viro 
et pugnanti comminus non potest — sed onus beneficii 
reformidantj quod permagnum est alieno debere idem to 

73 quod parenti. Ego, cum ceteri vera beneficia, etiam 
minora, dissimulent, ne obligati esse videantur, eo me 
beneficio obstrictum esse ementior, cui ne referri quidem 
gratia posse videatur? An hoc tu, Laterensis, ignoras? 
qui cum mihi esses amicissimus, cum vel periculum vitae 15 
tuae mecum sociare voluisses, cum me in illo tristi et 
acerbo luctu atque discessu non lacrimis solum tuis, sed 
animo, corpore, copiis prosecutus esses, cum meos liberos 
et uxorem me absente tuis opibus auxilioque defendisses : 
sic mecum semper egisti, te mihi remittere atque conce- 20 
dere, ut omne studium meum in Cn. Plancii honore con- 
sumerem, quod eius in me meritum tibi etiam ipsi 

74 gratum esse dicebas. Nihil autem me novi, nihil 
temporis causa dicere, nonne etiam est illa testis oratio, 
quae est a me prima habita in senatu 1 in qua cum 25 
perpaucis nomihatim egissem gratias, quod omnes enume- 
rari nullo modo possent, scelus autem esset quemquam 
praeteriri, statuissemque eos solum nominare, qui causae 
nostrae duces et quasi signiferi fuissent, in his Plancio 
gratias egi. Recitetur oratio, quae propter rei magni- 30 


tudinem dicta de scripto est : in qua ego homo astutus 
ei me dedebam, cui nihil magnopere deberem, et huius 
officii tanti servitutem adstringebam testimonio sempi- 
terno. Nolo cetera, quae a me mandata sunt litteris, 
5 recitare : praetermitto, ne aut proferre videar ad tempus 
aut eo genere uti litterarum, quod meis studiis aptius 
quam consuetudini iudiciorum esse videatur. 

§§ 75-76. Laterensis had reproached Cicero for his tearful and 
emotional speech, reminding him that similar efforts on 
Cispius' hehalfhad heen unsuccessful. Cicero points out the 
unfairness of thc critidsm. 

XXXI. Atque etiam clamitas, Laterensis : ' Quo 75 
usque ista dicis ? Nihil in Cispio profecisti : ohsoletae 

lo iam sunt preces tuae I ' De Cispio mihi igitur obicies, 
quem ego de me bene meritum quia te teste cognoram, 
te eodem auctore defendi % et ei dices ' Quo usque 2 ' 
quem negas, quod pro Cispio contenderim, impetrare 
potuisse? Nam istius verbi ^ quo usque' haec poterat 

15 esse invidia : ' Datus est tibi ille, condonatus est ille ; 
non facis finem ? ferre non possumus.' Ei quidem, qui, 
quod pro uno laborarit, id ipsum non obtinuerit, dicere : 
' Quo usque ? ' irridentis magis est quam reprehendentis ; 
nisi forte ego unus ita me gessi in iudiciis, ita et cum his 

2o et inter hos vixi, is in causis patronus, is in re publica 
civis et sum et semper fui, solus ut a te constituar, qui 
nihil a iudicibus debeam unquam impetrare. Et mihi 76 
lacrimulam Cispiani iudicii obiectas. Sic enim dixisti : 
' Vidi ego tuam lacrimulam.^ Vide quam me verbi tui 

25 paeniteat, Non modo lacrimulam, sed multas lacrimas 


et fletum cum singultu videre potuisti. An ego, qui 
meorum lacrimis me absente commotus simultates, quas 
mecum habebat, deposuisset meaeque salutis non modo 
non oppugnator, ut inimici mei putarant, sed etiam 
defensor fuisset, huius in periculo non significarem 5 
doiorem meum 1 Tu autem, Laterensis, qui tum lacrimas 
meas gratas esse dicebas, nunc easdem vis invidiosas 
videri 1 

§§ 77-82. Laterensis had reproached Cicero wilh being over- 
thankful to Plancius, whilst others — e.g. Racilius — deserved 
his thanks more. Cicero replies that it is hard to show his 
gratitude to all his lenefactors — as, for instance, to Late- 
rensis hiniself. Gratitude is a virtue, and excess of it can he 
no sin. 

77 XXXII. Negas tribunatum Plancii quidquam attulisse 
adiumenti dignitati meae atque hoc loco, quod verissime 10 
facere potes, L. Racilii, fortissimi et constantissimi viri, 
divina in me merita commemoras. Cui quidem ego, 
sicut Cn. Plancio, nunquam dissimulavi me plurimum 
debere semperque prae me feram ; nuUas enim sibi ille 
neque contentiones neque inimicitias neque vitae dimica- 
tiones nec pro re publica nec pro me defugiendas putavit. 
Atque utinam, quam ego sum in illum gratus, tam 
licuisset per hominum vim et iniuriam populo Romano 
ei gratiam referre ! Sed si non eadem contendit in 
tribunatu Plancius, existimare debes non huic voluntatem 
defuisse, sed me, cum tantum iam Plancio deberem, 

78 Racilii beneficiis fuisse contentum. An vero putas 
idcirco minus iudices mea causa esse facturos, quod me 
esse gratum crimineris ? An, cum patres conscripti illo 


senatus coiisulto, quod in monimento Marii factum est, 
quo mea salus omnibus est gentibus commendata, uni 
Cn. Plancio gratias egerint — unus enim fuit de magi- 
stratibus defensor salutis meae — cui senatus pro me 

5 gratias agendas putavit, ei ego a me referendam gratiam 
non putem ? Atque haec cum vides, quo me tandem iu 
te animo putas esse, Laterensis ? ullum esse tantum peri- 
culum, tantum laborem, tantam contentionem quam ego 
non modo pro salute tua, sed etiam pro dignitate de- 

lo fugerem 1 Quo quidem etiam magis sum, non dicam 
miser, — nam hoc quidem abhorret a virtute verbum — 
sed certe exercitus, non quia multis debeo — leve enim 
est onus beneficii [gratia] — sed quia saepe concurrunt 
[propterea] aliquorum bene de me meritorum inter ipsos 

15 contentiones, ut eodem tempore in omnes verear ne vix 
possim gratus videri. 

Sed ego haec meis ponderibus examinabo, non solum 79 
quid cuique debeam, sed etiam quid cuiusque intersit et 
quid a me cuiusque tempus poscat. XXXIII. Agitur 

2o studium tuum vel etiam, si vis, existimatio, laus 
aedilitatis ; at Cn. Plancii salus, patria, fortunae. Salvum 
tu me esse cupisti ; hic fecit etiam ut esse possem. 
Distineor tamen et divellor dolore et in causa dispari 
ofifendi te a me doleo ; sed, me dius fidius, multo citius 

25 meam salutem pro te abiecero quam Cn. Plancii salutem 
tradidero contentioni tuae. Etenim, iudices, cum omni- 80 
bus virtutibus me adfectum esse cupio, tum nihil est 
quod malim quam me et esse gratum et videri. Haec 
est enim una virtus non solum maxima, sed etiam mater 

30 virtutum omnium reliquarum. Quid est pietas nisi 


voluntas grata iu parentes? qui sunt boni cives, qui 
belli, qui domi de patria bene merentes, nisi qui patriae 
beneficia meminerunt 1 qui sancti, qui religionum colentes, 
nisi qui meritam dis immortalibus gratiam iustis honori- 
bus et memori mente persolvunt 1 Quae potest esse 5 
vitae iucunditas sublatis amicitiis? quae porro amicitia 

81 potest esse inter ingratos ? Quis est nostrum liberaliter 
educatus, cui non educatores, cui non magistri sui atque 
doctores, cui non locus ipse mutus ille, ubi alitus aut 
doctus est, cum grata recordatione in mente versetur ? lo 
Cuius opes tantae esse possunt aut unquam fuerunt, quae 
sine multorum amicorum officiis stare possint? quae 
certe sublata memoria et gratia nulla exstare possunt. 
Equidem nihil tam proprium hominis existimo quam non 
modo beneficio, sed etiam benivolentiae significatione 15 
adligari ; nihil porro tam inhumanum, tam immane, tam 
ferum quam committere ut beneficio non dicam indignus, 

82 sed victus esse videare. Quae cum ita sint, iam 
succumbam, Laterensis, isti tuo crimini, meque in eo 
ipso, in quo nihil potest esse nimium, quoniam ita tu vis, ?o 
nimium esse concedam petamque a vobis, iudices, ut eum 
beneficio complectamini, quem qui reprehendit, in eo 
reprehendit, quod gratum praeter modum dicat esse. 
Neque enim illud ad neglegendam meam gratiam debet 
valere, quod dixit idem, vos nec nocentes nec litigiosos 25 
esse, quo minus me apud vos valere oporteret; quasi 
vero in amicitia mea non haec praesidia, si quae forte sunt 
in me, parata semper amicis esse maluerim quam 
necessaria. Etenim ego de me tantum audeo dicere, 
amicitiam meam voluptati pluribus quam praesidio 


fuisse; meque vehementer vitae meae paeniteret, si in 
mea familiaritate locus esset nemini nisi litigioso aut 

§§ 83-85. Cicero^s answers to three minor charges of Laterensis — 
that (1) his epilogues are too tearful ; (2) he will defend any- 
hody ; (3) hisjokes are bad. 

XXXIV. Sed haec nescio quo modo frequenter in me 83 

5 congessisti saneque in eo creber fuisti, te idcirco in ludos 
causam conicere noluisse, ne ego mea consuetudine aliquid 
de tensis misericordiae causa dicerem, quod in aliis 
aedilibus ante fecissem. Nonnihil egisti hoc loco, nam 
mihi eripuisti ornamentum orationis meae ; deridebor, si 

lo mentionem tensarum fecero, cum tu id praedixeris ; sine 
tensis autem quid potero dicere? Hic etiam addidisti 
me idcirco mea lege exilio ambitum sanxisse, ut misera- 
biliores epilogos possem dicere. Nonne vobis videtur 
cum aliquo declamatore, non cum laboris et fori discipulo 

'5 disputare 1 ' Rhodi enim ' inquit ' ego non fui ' ; me vult 84 
fuisse ; ' sed fui ' inquit — putabam in Vaccaeis dicturum 
— 'bis in Bithynia.' Si locus habet reprehensionis 
ansam aliquam, nescio cur severiorem Nicaeam putes 
quam Rhodum ; si spectanda causa est, et tu in Bithynia 

2o summa cum dignitate fuisti et ego Rhodi non minore. 
Nam quod in eo me reprehendisti, quod nimium multos 
defenderem, utinam et tu, qui potes, et ceteri, qui 
defugiunt, vellent me labore hoc levare ! Sed fit vestra 
diligentia, qui causis ponderandis omnes fere repudiatis, 

25 ut ad nos pleraeque confiuant, qui miseris et laborantibus 
negare nihil possumus. Admonuisti etiam, quod in Creta 85 


fuisses, dictum aliquod in petitionem tuam dici potuisse ; 
me id perdidisse. Uter igitur nostrum est cupidior 
dicti ? egone, qui quod dici potuit non dixerim, an tu, qui 
etiam ipse in te dixeris ? Te aiebas de tuis rebus gestis 
nullas litteras misisse, quod mihi meae, quas ad aliquem 5 
misissem, obfuissent. Quas ego mihi obfuisse non in- 
tellego, rei publicae video prodesse potuisse. 

§§ 86-90. Cicero justifies Ms hurried withdrawal from Rmne. 
He had retired, not because he feared death, but because he 
did not wish to involve the State in civil war ; he wished also 
to give the senate and pecyple an opportunity of showing their 
gratitude by recalling himfrom exile. 

86 XXXV. Sed sunt haec leviora, illa vero gravia atque 
magna, quod meum discessum, quem saepe defleras, nunc 
quasi reprehendere et subaccusare voluisti. Dixisti enim 10 
non auxilium mihi, sed me auxilio defuisse. Ego vero 
fateor me, quod viderim mihi auxilium non deesse, idcirco 
me illi auxilio pepercisse. Qui enim status, quod discri- 
men, quae fuerit in re publica tempestas illa quis nescit % 
Tribunicius me terror an consularis furor movit ? Decer- 15 
tare mihi ferro magnum fuit cum reliquiis eorum, quos 
ego florentes atque integros sine ferro viceram % Consules 
post hominum memoriam taeterrimi atque turpissimi, 
sicut et illa principia et hi recentes rerum exitus decla- 
rarunt, quorum alter exercitum perdidit, alter vendidit, 20 
emptis provinciis, a senatu, a re publica, a bonis omnibus 
defecerant ; qui exercitu, qui armis, qui opibus plurimum 
poterant, cum quid sentirent nesciretur, furialis illa vox. 
nefariis stupris religiosis altaribus inlatis effeminata, 


secum et illos et consules facere acerbissime personabat; 
egentes in locupletes, perditi in bonos, servi in dominos 
armabantur. At erat mecum senatus et quidem veste 87 
mutata, quod pro me uno post hominum memoriam 

5 publico consilio susceptum est. Sed recordare, qui tum 
fuerint consulum nomine hostes, qui soli in hac urbe 
senatum senatui parere non sierint, edictoque suo non 
luctum patribus conscriptis, sed indicia luctus ademerint. 
At erat mecum cunctus equester ordo : quem quidem in 

lo contionibus saltator ille Catilinae consul proscriptionis 
denuntiatione terrebat. At tota Italia convenerat, cui 
quidem belli intestini et vastitatis metus inferebatur. 

XXXVI. Hisce ego auxiliis studentibus atque incitatis 
uti me, Laterensis, potuisse confiteor, sed erat non iure, 

15 non legibus, non disceptando decertandum ; nam profecto, 
praesertim tam bona in causa, nunquam, quo ceteri saepe 
abundarunt, id mihi ipsi auxilium meum defuisset ; armis 
fuit, armis, inquam, fuit dimicandum ; quibus a servis atque 
a servorum ducibus caedem fieri senatus et bonorum rei 

2o publicae exitiosum fuisset. Vinci autem improbos a 88 
bonis fateor fuisse praeclarum, si finem tum vincendi 
viderem. Ubi enim mihi praesto fuissent aut tam 
fortes consules, quam L. Opimius, quam C. Marius, 
quam L. Flaccus, quibus ducibus improbos cives res 

25 publica vicit armatis, aut, si minus fortes, at tamen 
tam iusti, quam P. Mucius, qui arma, quae privatus 
P. Scipio ceperat, ea Ti. Graccho interempto iure optimo 
sumpta esse defendit^ Esset igitur pugnandum cum 
consulibus. Nihil dico amplius, nisi illud : victoriae 

30 nostrae graves adversarios paratos, interitus nullos esse 


89 ultores videbam. Hisce ego auxiliis salutis meae si 
idcireo defui, quia nolui dimicare, fatebor, id quod vis, 
non mihi auxilium, sed me auxilio defuisse ; sin autem, 
quo maiora studia in me bonorum fuerunt, hoc iis magis 
consulendum et parcendum putavi, tu id in me reprehen- 5 
dis, quod Q. Metello laudi datum est hodieque est et 
semper erit maximae gloriae ? quem, ut potes ex multis 
audire, qui tum adfuerunt, constat invitissimis viris bonis 
cessisse, nec fuisse dubium, quin contentione et armis 
superior posset esse. Ergo ille cum suum, non senatus 10 
factum defenderet, cum perseverantiam sententiae suae, 
non salutem rei publicae retinuisset, tamen ob illam 
constantiam, qua illud voluntarium vulnus accepit, 
iustissimos omnium Metellorum et clarissimos triumphos 
gloria et laude superavit, quod et illos ipsos improbis- 15 
simos cives interfici noluit, et ne quis bonus interiret in 
eadem caede providit; ego tantis periculis propositis cum, 

si victus essem, interitus rei publicae, si vicissem, infinita 
dimicatio pararetur, committerem ut idem perditor rei 
publicae nominarer, qui servator fuissem ? 20 

90 XXXVII. Mortem me timuisse dicis. — Ego vero ne 
immortalitatem quidem contra rem publicam accipiendam 
putarem, nedum emori cum pernicie rei publicae vellem. 
Nam qui pro re publica vitam ediderunt — licet me 
desipere dicatis — nunquam me hercule eos mortem 25 
potius quam immortalitatem adsecutos putavi. Ego vero 

si tum illorum impiorum ferro ac manu concidissem, in 
perpetuum res publica civile praesidium salutis suae per- 
didisset. Quin etiam si me vis aliqua morbi aut natura 
ipsa consumpsisset, tamen auxilia posteritatis essent 30 

§ 92 rilO CN. rLANCIO ORATIO 47 

imminuta, quod peremptum esset mea morte id exem- 
plura, qualis futurus in me retinendo fuisset senatus 
populusque Romanus. An si unquam vitae cupiditas in 
me fuisset, ego mense Decembri mei consulatus omnium 
5 parricidarum tela commossem ? quae, si viginti quiessem 
dies, in aliorum vigiliam consulum recidissent. Quam ob 
rem, si vitae cupiditas contra rem publicam est turpis, 
certe multo mortis cupiditas mea turpior fuisset cum 
pernicie civitatis. 

§§ 91-94. Cicero rebuts Laterensis^ reproof that he had heen 
inconsistent in his public life and forfeited his liherty of 
action, hy pointing out that a man must sometimes regard 
his own safety after doing his hest for the safety of the State. 
A politician must adapt himself to changing circumstances 
if necessary for the puhlic good. 

To Nam quod te esse in re publica liberum es gloriatus, id 91 
ego et fateor et laetor et tibi etiam in hoc gratulor : quod 
me autem negasti, in eo neque te neque quemquam 
diutius patiar errare. XXXVIII. Nam si quis idcirco 
aliquid de libertate mea deminutum putat, quod non ab 

15 omnibus eisdem, a quibus antea solitus sum dissentire, 
dissentiam, primum, si bene de me meritis gratum me 
praebeo, non desino incurrere in crimen hominis nimium 
memoris nimiumque grati ; sin autem aliquando sine ullo 
rei publicae detrimento respicio etiam salutem cum meam 

2o tum meorum, certe non modo non sum reprehendendus, 
sed etiam si ruere vellem, boni viri me, ut id ne facerem, 
rogarent. Res vero ipsa publica, si loqui posset, ageret 92 
mecum ut, quoniam sibi servissem semper, nunquam 
mihi, fructus autem ex sese non, ut oportuisset, laetos et 


uberes, sed magna acerbitate permixtos tulissem, ut iam 
miiii servirem, consulerem meis ; se non modo satis 
habere a me, sed etiam vereri, ne parum mihi pro eo, 

93 quantum a me haberet, reddidisset. Quid 1 si horum 
ego nihil cogito et idem sum in re publica, qui fui s 
semper, tamenne libertatem requires meam ? quani tu 
ponis in eo, si semper cum iis, quibuscum aliquando 
contendimus, depugnemus. Quod est longe secus. Stare 
enim omnes debemus tanquam in orbe aliquo rei publi- 
cae, qui quoniam versatur, eam deligere partem, ad quam lo 
nos illius utilitas salusque converterit. 

XXXIX. Ego autem Cn. Pompeium non dico auc- 
torem, ducem, defensorem salutis meae — nam haec pri- 
vatim fortasse officiorum memoriam et gratiam quae- 
runt — sed dico hoc, quod ad salutem rei publicae pertinet : 15 
ego eum non tuear, quem omnes in re publica principem 
esse conceduntl Ego C. Caesaris laudibus desim, quas 
primum populi Romani, nunc etiam senatus, cui me 
semper addixi, plurimis atque amplissimis iudiciis videam 
esse celebratas^ Tum hercule me confitear non iudi- 20 
cium aliquod habuisse de utilitate rei publicae, sed homini- 

94 bus amicum aut inimicum fuisse. An, cum videam 
navem secundis ventis cursum tenentem suum, si non eum 
petat portum, quem ego aliquando probavi, sed alium 
non minus tutum atque tranquillum, cum tempestate 25 
pugnem periculose potius quam illi salute praesertim pro- 
posita obtemperem et paream? Ego vero haec didici, 
haec vidi, haec scripta legi, haec de sapientissimis et 
clarissimis viris et in hac re publica et in aliis civitatibus 
monimenta nobis et litterae prodiderunt, non semper 30 


easdem sententias ab eisdem, sed quascunque rei publicae 
status, inclinatio temporum, ratio concordiae postularet, 
esse defensas. Quod ego et facio, Laterensis, et semper 
faciam libertatemque, quam tu in me requiris, quam ego 
5 neque dimisi unquam neque dimittam, non in pertinacia, 
sed in quadam moderatione positam putabo. 

§§ 95-100. Latercnsis had chargcd Cicero with exaggerating the 
dangers from ivhich Plancius rescued him ; Cicero describes 
them to disprove this statetnent. 

XL. Nunc venio ad illud extremum, in quo dixisti, 95 
dum Plancii in me meritum verhis extollerem, me arcum 
facere e cloaca lapidemque e sepulcro venerari pro deo : 

lo neque enim mihi insidiarum periculum ullum neqice 
mortis fuisse. Cuius ego temporis rationem explicabo 
brevi neque invitus. Nihil enim est ex meis temporibus, 
quod minus pervagatum quodque minus aut mea com- 
memoratione celebratum sit aut hominibus auditum atque 

15 notum. Ego enim, Laterensis, ex illo incendio legum, 
iuris, senatus, bonorum omnium cedens, cum mea domus 
ardore suo deflagrationem urbi atque Italiae toti mina- 
retur, nisi quievissem, Siciliam petivi animo, quae et ipsa 
erat mihi sicut domus mea couiuncta et obtinebatur a 0. 

2o Vergilio, quocum me uno vel maxime cum vetustas tum 
amicitia, cum mei fratris coUegia tum rei publicae causa 
sociarat. Vide nunc caliginem temporum illorum. Cum 96 
ipsa paene insula mihi sese obviam ferre vellet, praetor 
ille, eiusdem tribuni plebis contionibus propter eandem 

25 rei publicae causam saepe vexatus, nihil amplius dico nisi 
me in Siciliam venire noluit. Quid dicam ? C. Vergilio, 


tali civi et viro, benivolentiam in me, memoriam eom- 
munium temporum, pietatem, humanitatem, fidem de- 
fuisse 1 Nihii, iudices, est eorum ; sed, quam tempestatem 
nos vobiscum non tulissemus, metuit, ut eam ipse posset 
opibus suis sustinere. Tum consilio repente mutato iter s 

97 a Vibone Brundisium terra petere contendi. Nam mari- 
timos cursus praecludebat hiemis magnitudo. 

XLI. Cum omnia illa municipia, quae sunt a Vibone 
Brundisium, in fide mea, iudices, essent, iter mihi tutum 
multis minitantibus magno cum suo metu praestiterunt. lo 
Brundisium veni vel potius ad moenia accessi. Urbem 
unam mihi amicissimam declinavi, quae se vellet potius 
exscindi quam e suo complexu ut eriperer facile pateretur. 
In hortos me M. Laenii Flacci contuli. Cui cum omnis 
metus, publicatio bonorum, exilium, mors proponeretur, 15 
haec perpeti, si acciderent, maluit quam custodiam mei 
capitis diraittere. Cuius ego et parentis eius, prudentis- 
simi atque optimi senis, et fratris et utriusque filiorum 
manibus in navi tuta ac fideli collocatus eorumque preces 
et vota de meo reditu exaudiens Dyrrachium, quod erat 

98 in fide mea, petere contendi. Quo cum venissem, cognovi, 
id quod audieram, refertam esse Graeciam sceleratissi- 
raorum hominum ac nefariorum, quorum impium ferrum 
ignesque pestiferos meus ille consulatus e manibus extor- 
serat ; qui antequam de meo adventu audire potuissent, 25 
cum etiam tum abessent aliquot dierum viam, in Mace- 
doniam ad Planciumque perrexi. Hic vero simul atque 
mare me transisse cognovit — audi, audi atque attende 
Laterensis, ut scias quid ego Plancio debeam confiteareque 
aliquando me quod faciam et grate et pie facere ; huic, 30 


quae pro salute mea fecerit si minus profutura sint, obesse 
certe non oportere : — nam simul ac me Dyrrachium 
attigisse audivit, statim ad me lictoribus dimissis, insigni- 
bus abiectis, veste mutata profectus est. acerbam mihi, 99 

5 iudices, memoriam temporis illius et loci, cum hic in me 
incidit, cum complexus est conspersitque lacrimis nec loqui 
prae maerore potuit ! rem cum auditu crudelem tum 
visu nefariam ! o reliquos omnes dies noctesque eas, 
quibus iste a me non recedens Thessalonicam me in quae- 

lo storiumque perduxit ! Hic ego nunc de praetore Mace- 
doniae nihil dicam amplius nisi eum et civem optimum 
semper et mihi amicum fuisse, sed eadem timuisse quae 
ceteros ; Cn. Plancium fuisse unum, non qui minus 
timeret, sed, si acciderent ea, quae timerentur, mecum ea 

15 subire et perpeti vellet. Qui, cum ad me L. Tubero, loo 
meus necessarius, qui fratri meo legatus fuisset, decedens 
ex Asia venisset easque insidias, quas mihi paratas ab 
exulibus coniuratis audierat, ad me animo amicissimo 
detulisset, in Asiam me ire propter eius provinciae mecum 

2o et cum meo fratre necessitudinem comparantem non est 
passus : vi me, vi inquam, Plancius et complexu suo 
retinuit multosque menses a capite meo non discessit 
abiecta quaestoria persona comitisque sumpta. 

§§ 101-104. Peroration. — Cicero appeals to the jury arid the 
presideifii of the court on hehalf of Plancius, who, he says, 
deserves their sympathy and aid on account of his many ser- 
vices to citizens, and especially to one citizen — Oicero himself 


XLII. excubias tuas, Cn. Planci, miseras ! o 101 
flebiles vigilias ! o noctes acerbas ! o custodiam etiam mei 


capitis infelicem ! siquidem ego tibi vivus non prosum, 
qui fortasse mortuus profuissem. Memini enim, memini 
neque unquam obliviscar noctis illius, cum tibi vigilanti, 
adsidenti, maerenti vana quaedam miser atque inania falsa 
spe inductus pollicebar : me, si essem in patriam resti- 5 
tutus, praesentem tibi gratias relaturum ; sin aut vitam 
mihi fors ademisset aut vis aliqua maior reditum pere- 
misset, hos, hos — quos enim ego tum alios animo in- 
tuebar? — omnia tibi illorum laborum praemia pro me 
persoluturos. Quid me adspectas? quid mea promissa ic 
repetis 1 quid meam fidem imploras 1 Nihil tibi ego tum 
de meis opibus pollicebar, sed de horum erga me beni- 
volentia promittebam ; hos pro me lugere, hos gemere, 
hos decertare pro meo capite vel vitae periculo velle 
videbam ; de horum desiderio, luctu, querelis cotidie 
aliquid tecum simul audiebam ; nunc timeo, ne tibi nihil 
praeter lacrimas queam reddere, quas tu in meis acerbita- 
102 tibus plurimas effudisti. Quid enim possum aliud nisi 
maerere, nisi flere, nisi te cum mea salute complecti? 
Salutem tibi iidem dare possunt, qui mihi reddiderunt. 
Te tamen — exsurge, quaeso — retinebo et complectar, nec 
me solum deprecatorem fortunarum tuarum, sed comi- 
tem sociumque profitebor ; atque, ut spero, nemo erit tam 
crudeli animo tamque inhumano nec tam immemor non 
dicam meorum in bonos meritorum, sed bonorum in me, 25 
qui a me mei servatorem capitis divellat ac distrahat. 
Non ego meis ornatum beneficiis a vobis deprecor, iudices, 
sed custodem salutis meae, non opibus contendo, non 
auctoritate, non gratia, sed precibus, sed lacrimis, sed . 
misericordia ; mecumque vos simul hic miserrimus et 30 

§ 101 rilO CN. rLANCIO ORATIO 53 

optimus obtestatur parens et pro uno filio duo j^atres 
deprecamur. Nolite, iudices, per vos, per fortunas, per 103 
liberos vestros, inimicis meis, iis praesertim, quos ego pro 
vestra salute suscepi, dare laetitiam gloriantibus vos iam 

5 oblitos mei salutis eius, a quo mea salus conservata est, 
hostes exstitisse; nolite animum meum debilitare cum 
luctu tuni etiam metu commutatae vestrae voluntatis erga 
me ; sinite me, quod vobis fretus huic saepe promisi, id a 
vobis ei persolvere. Teque, C. Flave, oro et obtestor, 104 

lo qui meorum consiliorum in consulatu socius, periculorum 
particeps, rerum quas gessi adiutor fuisti meque non modo 
salvum semper, sed etiam ornatum florentemque esse 
voluisti, ut mihi per hos conserves eum, per quem me tibi 
et his conservatum vides. Plura ne dicam, tuae me 

15 etiam lacrimae impediunt vestraeque, iudices, non solum 
meae, quibus ego magno in metu meo subito inducor in 
spem, vos eosdem in hoc conservando futuros, qui fueritis 
in me, quoniam istis vestris lacrimis de illis recordor, 
quas pro me saepe et multum profudistis. 


The exordium, §§ 1-4, the object of which is ut attentos, bene- 
volos, dociles auditores habeamus, contains the propositio and 
partitio in §§ 3 and 4 ; vide Introduction § 31. 
1 § 1 1. 2. in mea salute custodienda : in the year 58 b.c. 
Cicero, banished froni Ronie by Clodius' agency, was welcomed by 
Plancius, who was then quaestor at Thessalonica ; vide Introd. 
§ 12 ; cf. ad Att. 14. 22, ad Fam. 14-1. 

fldem : the many meanings of fides are best given thus : — 
I. Subjective — {a) active : ' faith,' ' confidence which one holds,' 
alicui fidem habere 'to place confidence in,' facta fide im- 
mortalitatis ; (b) passive : 'confidence which one receives,' 
'credit,' ' credibility, ' nullam fidem habere *to be considered 
incredible'; (c) intransitive : 'loyalty,' 'uprightness,' fides 
deficere coepit. II. Objective — (a) active : 'a pledge,' 'one's 
word,' date dextras fidemque ; (b) passive : 'that which is 
promised,' 'a promise,' per fas ct fidem decepti, fidem servare ; 
(c) intransitive : 'certainty,' ' credibility,' ^o^es historica, data 
dextra fidem futurae amicitiae sancire. 

bonos, ' well-disposed,' probably alluding to those whom 
Cicero thought boni, the good patriots, the Optimates. 

3. honori : the office of aedile, for which Plancius had been 
candidate in 54 B.c. ; Introd. § 2. 

4. ofiacium, 'kindness,' 'friendly aid.' 

5. meorum temporum : Cicero often uses tempus in the 
sense of calamitas alluding to his exile ; pro Sest. 58. 123, ad 
Fam. 6. 6. 

sufifrag-ari : deponent verbs in -ari are particularly common 
in Cicero, and may be regarded as a peculiarity of his style ; 
cf. in tlie exordium contemplor, deprecor. svffrayari properly 
= ' to give a vote for,* then simply ' to support.' 


6. cum autem audirem : an instance of the rhetorical 
figure simulatio (Cornif. 4. 26). Cicero knows (as is evident from 
c. 15) that most of his audience are opposed to him, but 
pretends {simulat) that it is not so, because at one time some 
of their number supported his recall from exile, and Plancius' 
kindness then they must have approved of. 

meos . . inimicos . . invidos : both adjectives are here 
used as substantives ; generally speaking, the principle is not 
common in Latin, cf. Nagelsbach Lat. Stil. 26 ; such sub- 
stantivised adjectives are usually of the second declension, with 
three main uses — (a) concrete plurals : vera, boni, recti; (^) 
abstract singulars : Jwnestum, sa^nens, rectum ; [y) neuter plurals, 
but nearly always iu the accusative or nominative. With regard 
to the imitation of these uses the one criterion is clearness : is 
the sentence absolutely free from all ambiguity ? inimid 
manifesti sunt, invidi ohscuri, Ernesti. 

9. dolebam si : cf. Livy 2. 28 indignatione patrum si 
invidiam consulcs . . reicerent ; cf. miror si, Gk. ei. 

10. infestior : in a passive sense, 'imperilled'; cLproEosc. 

Am. 30 filii vita infcsta, mare infestum. 

12. praesidio custodiaque : for the combination of two 
almost synonymous expressions cf. in this exordium alone 
egregia ct singularis, doleham et acerhe ferebam, praesidio 
custodiaque, conspectus et consessus, reficit et recreat, intueor et con- 
templor, non sumo neque adrogo, and numerous other instances 
throughout the speech, There seems little doubt that this 
trick of rhetorical pleonasm was a peculiarity of Cicero's style ; 
the words which are joined are not always exactly synonymous, 
and as far as combinations are not merely the result of a 
rhetorical desire to use as many words as possible and yet not 
be definite, we may say that they are equivalent to a strengthen- 
ing adverb ; thus reficit et recreat ' considerahly revives me ' ; so 
relinquere et deserere 'to w^forZi/ abandon,' hcllum denurdiatur 
et itvdicitur * war is formally declared ' ; so oro aique ohsecro, 
dAvello ac distraho, fundere et fugare, reicere et aspernari, pro- 
spicere et consulere ; vide Heynacher Lat. Stilistik p. 30. 

2 §2 1.1. unum quemque, *each individual.' 

2. hoc in numero = horum in numero. 

3. exstet, 'stands out prominently.' The Latin language 
prefers to use a picturesque vivid word where in English we 
should often use the mere copula ' to be ' ; similarly the Latins 
usually prefer a compound verb to a simple one. 


G. salvum videre voluerunt : several editors wish to cut 
out vidcrc, because salvum cupcre or vclle is a favourite phrase of 
Cicero's ; it seems better to keep the MS. reading. 

salvum : in so far as they voted for his recall. 

7. saepius etc. : the fact that Laterensis has accused 
Plancius fills Cicero with surprise and fear — surprise, that whilst 
he might have accused so many others he has chosen Plancius, 
who as Cicero's preserver ought to have been respected by 
Laterensis, Cicero's friend ; fear, because he seems to have 
accused Plancius hoping that the jury will condemn him because 
they are enemies of Cicero. After venit in mentem we expect 
magis, but the comparative idea is contained in the gerundive ; 
cf. Sall. Cat. 48. 5 tania vis homiiiis leniunda quam exagitanda 
videhaiur, Tac. Germ. 6 cedere loco consilii quam formidinis 
arhitrantior. This ellipse of magis or potius is very common in 
late Latin. Cf. Reisig-Haase N. 402, Hartel Archiv f. Lat. 
Lex. iii. p. 14. 

11. magna ratione, 'on good grounds,' *with good reason'; 
cf. pro Sext. Rosc. 40 sine causis multis et magnis. 

§ 3 1. 13. consecutum : so T and E ; other MSS. have con- 
secuturum, wliich, owing to its apparent plausibility, many 
editors adopted, but without sufficient reason. 

15. continentiam, 'perfect self-control' ; cf. Nepos Att. 
13. 4, Cic. de Off. 2. 76 ; = Gk. aw^ppoavvr) opposed to dKoXacria, 
the two intermediate qualities of which are dKpdTeia and 
eyKpdreia : thus (rdocppojv, iyKparrjs opp. dKparrjS, dKoXacrTos, a 
distinction which is very frec|uently made in Greek literature. 

16. praestitero = si prohavero in eo omnes illas virtutes 

20. ad reliquos labores : this is the partitio of the speech, 
vide Introd. § 2. 

reliquos . . in ceteris: reliqui is used of the remainder 
as another part of the whole, ceteri the remainder opposed to 
what has been indicated, the remainder of the same genus, 
which, regarded separately, make up the whole genus, divided 
into individuals ; cf. ceteris praestare, but omne reliquum tempus. 

21. adsumo, ' I take upon myself in addition ' ; Cic. ad 
Fam. 1. 9. 17, ad Att. 11. 19. 

n. §4 1. 25. quamquam, 'however,' 'andyet.' 

26. ab hoc: i.e. the defendant, Plancius. ' And yet, gentle- 


men, if any fanlt has been fonnd in myself without my client 
being involved in it, it does not seriously disquiet me ; for I 
am not apprehensive that, because instances of gratitude are 
extremely rare, the fact that I have been called needlessly 
grateful will be brought up against me.' 

The sense-rhythm of the period seems rather laboured ; the 
two ideas which Cicero wished to emphasise, non timeo and 
criminos^im esse possit, are placed at the beginning and end of 
the period in order to be thrown into the highest relief. The 
period may be represented A / a (a) / a (/3) a, where A = the 
main sentence, a = the subordinate sentence next close to it in 
connection, a = a clause subordinate to a, /3 a second clause 
dependent on A ; cf. Gildersleeve Lat. Gr. § 434. 

29. nimium gratum : Cicero does not use nimium with 
adjectives very often, but more usually nimis, nir(iium with 
adjectives being rather poetical ; cf., however, § 82 nimium 
beatus, de Fin. 5. 81 nimium longum. In sense nimium here = 
'extremely,' 'unusually,' 'yerj,' praeter modum, a sense which 
it usually has in older and colloquial Latin, e.g. Plautus. 
This is probably one of those colloquialisms which occasionally 
occur in Cicero's speeches, e.g. nullus esse, amplexo, ni = si non, 
potest impers., etc. ; cf. Fausset^ro Cluent. p. xxxvi. 
3 5. tum denique, * then and not till then,' = tum demum, 
Gk. t6t€ d-rj. 

6. ne non tam . . quam, 'in order that more by . . 
than ' ; the negatives cancel each other. 

7. temporum : cf. 1. 1. 

esse videatur : for the rhythm of the ending cf. § 2 feclsse 
videdtUr, which is substituted for fecerit merely for the sake of 
euphony. Quintilian describes this ending, esse vuledtur, as 
iam paene nimis usitatum; vide Cic. Or. 64, de Or. 47-49, 
Ar. F,het. 3. 8, Quint. 9. 4. 45. 

§ 5 1. 8, facili etc, * but although the case is so simple 
and straightforward, yet the line of defence which I see is put 
forward is an extremely difficult one, and requires very delicate 
handling.' facilis opposed to perdifficilis, explicatus 'clear' 
opposed to luhricus 'slippery,' ' treacherous ' ; cf. de Off. 1. 19. 
65 locus luhricus ; for a similar metaphor scopulosus^difficilis, 
Div. in Q. C. 36. 

perdifflcilis : cf. § 4 perraro ; so permulti, perpauci, etc. , 
Cicero passim. The frequency of such wordsin Latin, especially 
in Cicero, depends on (1) love of variety, (2) love of rhetorical 


11. in tanto usu nostro : in such combinations tlie pronoun, 
either possessive or demonstrative, usually follows tantus ; cf, 
Verr. 5. 101 tantum hoc crimen, de Or. 11. 84 tanta hac in re. 

iisu, ' intimacy * ; cf. XPW^^^ "''^ ^^Xy. For Cicero'3 
friendship with Laterensis vide Introd. § 11. 

] 2. lex amicitiae : cf. Sall. Cat. 20. 4 idem velle atque idem 
nolle ea dcmum firma amicitia est. 

19. contentio = com^araifw, 'comparison,' sometimes to- 
gether, de Off. 5. 56 sed si contentio et comparatio fiat ; cf. pro 
Mur. 14: /acilior est mihi aditus ad contentionem dignitatis. 

§ 6 1. 20. urget, ' is most pressing with this particular 
point.' itrgeo here absohite ; cf. § 48 interrogando urgeat, Or. 137. 

21. si cedo, 'if I admit the superiority of, give precedence 
to, Laterensis' distinctions.' 

22. ornamentis = nobilitas, imaginumius ; § 12 splendor et 
vetustas familiae. 

huius = Plancii. 

23. dignitatis = aedilitatis ; cf. ad Fam. 11. 9. 

iactura facienda est, ' I must sacrifice, ' lit. ' I must 
throw overboard.' iactura = the intentional sacrifice of some- 
tliing valuable in order either to avert injury or gain some 
greater advantage ; damnum (opp. Zwm^ m) = ' loss, ' especiall)'' 
of worldly possessions ; detrimentum (opp. emolumentum) = 
harra inflicted on others ; cf. Meissner Latin Phrase-hook 
(transl.) p. 57. 
4 1. suspicio largitionis etc, 'I shall have to admit that 
a suspicion of bribery attaches itself to my client,' a result 
which Cicero is especially anxious to avoid, for as he says (§ 29) 
\ipse'] mihi in huius periculo reus esse videor, and huic tota causa 
pendet an aedilitatem largitione sit consecutus, Delph. 

4. existimatio, ' damage the reputation of . .' existimatio 
has two senses — (1) active : opinion held by others, criticism ; 
(2) passive : reputation, character, usually in a good sense, 
consequently = good reputation, without the addition of hona, 
integra etc. 

si illam accusationis condicionem sequar, 'if I follow 
the line of conducting the case which Laterensis proposes,' i.e. 
comparatio. For amicissimi hominis of Laterensis vide 
Introd. § 11. 

5. condicionem : lit. 'terms laid down,' 'agreement,' from 
condico ; MSS. frequently spell the word conditio ; it is possible 


that thcre was also another word conditio = con-da-tio with 
somewhat similar meaning, but the evidence is uncertain. Cf. 
Lindsay Latin Language p. 341, Athcnxieum 22nd Feb. 1896 
p. 345. 

III. 8. aut te a Plancio 1 

autateillum ]'^P'^^^'- 
Note the chiasmus ; in Ciceronian Latin chiasmus must be 
regarded not as a mere occasional peculiarity, but as a rule. 

9. discedam ab, 'I will leave,' 'pass over'; cf. cum dis- 
cesseris ah = ' with the exception of.' The rhetorical term for 
this is praeteritio, irapaK€L\}/ii : cf. mitto, non dico, ut Twn dicam, 
ut amittam, quid loquor ? quid commemorem ? etc. 

10. contentione = cmnparatione. 

illam : i.e. not a discussion of the general personal merits 
of the candidates, but what were the points which weighed with 
the electors for the aedileship. 

§7 1. 11. quid? 'what!' *why!' a rhetorical formula of 

14. per-raro : cf. note on § 5. 

iis magistratibus etc. : i.e. the tribunate of the plebs, the 
praetorship, and the consulate. 

16. diligentia: insalutando, rogando ct supplicando, Sylvius. 

20. constituere, * set up a claim to any personal distinction 
which Plancius does not also possess.' 

§ 8 1. 21. sed . . nunc : revocatio. 

22. alio loco : §§ 19 seqq. 

24. nec si : we should expect idcirco or propterea inserted, 
* nor does it follow that ' ; cf. Nat. Deor. 1, 9. 21 non enim si 
mundus nullus erat saecula non erant, de Fato 12. 28 nec si omne 
enuntiatum aut verum aut falsum est sequitur illico esse causas 
immutahiles easque aeternas. 

26. nam si, ' for if this were the case, a jury would have a 
privilege which the patricians in the time of our ancestors 
failed to maintain — the privilege of revising the results of 
elections — or rather would have a power much more intolerable.' 

quod . . potuerunt is parenthetic, and refers to vi repre- 
hensores . . essent, to which also id belongs. 

patres = the patrician senators, Livy 1. 17. 9, Cic. Brut. 
§ 55, de Rep. 2. 56. The decrees of the centuries had to be 
confirmed by the patres ; cf. Niebuhr Hist. Rom. ii. p. 10, 
Mommsen Hist. Bom. (E.T.) ii. chap. 1. 


28. vel quod . . ferendum refers to what follows, i.e. 
the power not only of rejecting any one who was elected, but 
also of condemning and ruining him (infra exitio). 

29. tum enim gerebat : i.e. a man who had been elected 
to a magistracy by vote of the people had to get his election 
ratified before he actually entered upon his duties. This right 
of the patrician senators to revise the decrees of the comitia 
centuriata was limited in 339 B.c. by the Lex Puhlilia, which 
compelled the senate to give this sanction before the measure was 
voted on (Livy 8. 12. 15 ante initum suffragium). In 286 b.c. 
the Lex Moenia applied the same regulations to procedure at 
elections. The formality of obtaining the consent of the 
patricians remained till the end of the Republic. Mommsen 
Eist. Rom. 1.6 297. 

5 1, exitio, 'condemnation,' opposed to salus. Cobet's 
emendation of the manuscript exilio, which was probably due 
to some scribe who knew just enough of Cicero to be aware 
that allusions to his exile are frequent in his speeches. If the 
MS. reading is retained, we must suppose the penalty of ten 
years' exile is referred to which was imposed by the Lex Tullia 
de ambitu, and probably by the Lex Licinia de sodaliciis ; cf. 
Wunder. prol. iii. chap, 3 § 4. 

3. ianua : metaphorical ; cf. pro Lig. 17 aditus, pro Cael. 26 
introitus, pro Mur. S3eam urbem . . Asiae ianuam. The mean- 
ing is, * I have liad to give up my conception of how the case 
should betreated and do whatyou suggest, compare the personal 
merits of the litigants.' ianua=propositio, the decision as to 
what are to be the main points argued in the case. Introd. § 2. 

5. offensionis tuae, * without in the least incurring a 
suspicion of wounding your feelings by what I say.' 

6. quod in discrimen adducas, ' because you seem to mc 
to subject your merits to a test of a very ambiguous nature.' 

IV. § 9 1. 8. tu . . tu . . tu : a good instance of anaphora 
(dpacpopd) or repetitio, the repetition of the same word at the 
beginning of several clauses (/cwXa), a,figura verhorum of which 
Cicero, as also Demosthenes, was very fond ; cf. Cic. Phil. 12. 
12. 29 credunt improhis, credunt turhulentis, credunt suis, 
Demosth. Mid. 72, Cic. iyatil. tu ut unquam te corrigas? tu 
ut ullamfugam meditere? tu ut ullum exilium cogites? polliceor 
vohis hoc, tantam in nohis consulihus fore diligentiam, tantam in 
vohis aiLctoritatem, tantam . . consensionem etc. 

10. aedilis : the aediles, properly 'men of the temple' 
{aedes) of Ceres, were instituted at the same time as the plebeian 


tribimes (494 B.c), whose .assistants they originally were 
{vTTTjp^TaL tCov ^T^fiapx^v) ; these two aediles were plebeians. In 
366 B.c. two more were instituted, to be cliosen from among the 
patricians ; they were called aediles curules ; but in a short time 
the ofRce was thrown open to plebeians (ef. Livy 7. 1. 6 prima 
ut alternis annis ex plebi fierent convenerat ; postea promiscuum 
fuit). In 44 B.c. Caesar created two more aediles, aediles plehis 
Ceriales ; under the Empire the number of aediles remained at 
six. As long as the aediles were mere assistants to the tribunes 
their duties were very various ; by degrees, however, they 
became stereotyped. The most important were : — (1) cura 
ludorum^ the management of the state games, for which a 
grant was made by the government ; the deficit, which was 
always large, the aediles paid themselves. They exercised a 
censorship over all plays, and were responsible for the behaviour 
of all actors ; cf. Plaut. Amph. prol., Trin. 4. 2. 147, Cist. epit, 
Tac. Ann. 1. 77, Suet. Oct. 45, Tertull. in Marcimi. 4. (2) 
cura urhis — {a) cura operum puhlicorum, i.e. buildings public 
and private, and the care of the streets, drains, etc. ; (Z>) 
management of the markets, questions of weights and measures, 
prices {annona), etc. ; (c) management of funerals, the disposal 
of the dead and the limiting of unnecessary expense ; {d) 
censorship of morals ; the aediles controlled lenones, meretrices, 
the management of popinae, games of chance {alea), halnea ; 
they had also to take measures against the practice of witchcraft 
and poisoning. Cf. on the whole subject Mommsen Staatsr. 1. 
447, and Becker de Rom. censura scenica. 

fractos . . abiectos . . repudiatos : climax, KXljj-a^, 

12. me-dius fidius : lit. 'so help me the god of truth,' 
'most certainly.' meditis = me-, a demonstrative particle, cf. 
mehercule, mecastor {ecastor) etc. + dlus, an older stage of deus, 
dius : divus {deivos, devas, inscr. ) : : gnaeus : Gnaivod (inscr. ) 
This dius Fidius, 'god of faith,' we are told by Varro {L. L. 10) 
and Festus, is the same as Semo Sancus, a Sabine deity, father 
of the Sabine hero Sabus, who is identified with Hercules. His 
temple was near the Sanqualis porta ; in later times he was regarded 
as synonymous with Ze^s TriaTLos. This may probably be thus 
interpreted : — In the Sabine territory there existed at an early 
period a local cult of one Semo Sancus, whose chief attribute 
was the giving of fertility to crops (cf. semen ; Semones, title of 
Pales and Flora), but who was regarded also as presiding over 
oaths and good faith generally. When the earlier Heracles 
myth spread through Latium, owing to the fact that some of 


the attributes of Heracles (or by now Hercules) and Sancus 
corresponded, the two cults coalesccd. Later, when more exact 
and erudite notions of Greek mythology came to Rome, Sancus, 
with his attribute Fidius, was regarded as equivalent to Ttev^ 
TriaTios, the -dius of medius having ah-eady been connected with 
Ma (so Festus). For references to this compound deity vide 
Varro L. L. 10, Ov. Fasti 6. 213, Plaut. As. 1. 1. 8, Livy 8. 
20, Prop. 4. (9) 9. 74, Preller Myth. p. 634. 

16. esse videatur : vide § 4. Amongst other frequent end- 
ings may be mentioned — v-»— | — <-» — v^e.g. gloriam comparavit, 
and — v.^ I I membra firmantur ; vide Potts Aids p. 99. 

18. facit eos : sc. magistratus, 'elevates those tooffice' ; cf 
§ 14, pro Mur. § 50. 

ambitus, ' by whom it is mosfc canvassed ' ; cf. Festus Ep. p. 
16 amhitus dici coeptus est a circumeundo, Yarro L. L. 5. 28 
qui populum candidatus circumit amhit. 

19. dilectu, 'careful choice,' opposed to impetu, 'impulse.' 
sapientia, 'prudence,' opposed to temeritas, ' hastiness,' 
22. discrimen, 'sense of discrimination.' 

25. culpam accusas : a rare construction =populo culpam 
attrihuis {Verr. 5 § 134) or culpam inpopulum confers {de Sen. 
§ 14), *you put the blame on.' culpa sometimes, according to 
Quintilian 11. 1. 81, = ' the thing which is blamed.' 

competitor : cf. petere honores ; Hor. Od. 3. 1. 10 descendat 
in campum petitor. 

§10 1. 25. ut fueris, 'granted that you were the more 
worthy,' the concessive use of the snbjunctive strengthened 
by iLt. The concessive subjunctive stands in old Latin by itself, 
and occasionally in Cicero, cf. de Off. 3. 13. 54 vendat aedes vir 
bonus, 'supposing a good man sell . .,' ad Att. 6. 1. 7 sit sane. 
For ut {uti = cuti, connected with stem quo- in quis etc. ) = origin- 
ally 'in some way or another' cf. Plaut. di te pcrduint by tho 
side of ut te di perduint, where perduint expresses a wish. For 
an instance of ut strengthening a concession, as in this passage, 
cf. Ov. Pont. 3. 4 ut desint vires = properly ' let us admit that 
in some way or another strength is wanting . .' 

29. in culpa est : cf. Cic, in vitio esse, in officio esse. 

1. eblandita: passive, although ehlandior is deponent = 
' obtained by flattery and coaxing.' 

enucleata = lit. * freed from the husk or covering,' 
nucleus ; then = * genuine, ' * the result of conviction. ' 


2. quid debeant ctc. : the main principle of Roman elections, 
* merit ' overridden by ' favour ' ; * each man who votes consiJers 
more frequently what claims the candidate has on him, than 
what claims he has on the commonwealth, ' and to gain tliis 
' favour ' was tho first business of a candidate ; cf. Strachan- 
Davidson Cicero p. 94. 

§ 11 1. 6. iudicavit . . debuit . . fero : the supposed 
answers of Laterensis. 

8. condicio, 'position,' ' privilege,' 'right,' rather a rare 
nse. The fundamental meaning is 'agreement,' ad Fam. 6. 3. 
2 armis aut condicione positis aut defetigatione ahiectis, with 
subdivisions : (1) a proposed agreement, terms, negotiations, 
ad Att. 7. 13. 2 condicionum tempus amissum est ; (2) claim based 
on an agreement, task, situation ; (3) position which results 
from the agreement, condition, prerogative ; cf. Nagels. § 64. 

11. nostrum est autem, nostrum : this effective repetition 
of a word asyndetically was classified by the ancient rhetoricians 
as a variety of d v a 5 1 tt \ w cr t s, conduplicatio, iteratio ; for genuine 
ava8lir\u3ai^ cf. Sappho Frag. 109 irapdevla, irapdevia irol jxe 
'Knroia dwoixv ', Hor. Od. 2. 141 eheu fugaces Postume, Postume. 
For the variety in the text, where a word or words are introduced 
to give effect, cf. Dem. 01. 4. 18 elal ydp elaiv, Cic. pro Sulla 6, 
20 suscepi, Torquate, suscepi etfeci libenter ; cf. Volkmann in I. 
Miiller Handhuch p. 666. 

qui iactemur, ' sinx^e we are tossed,' hence subjunctive. For 
the metaphor cf. Atticus ap. Nep. 6. 1 civilihus . . fluctihus . . 
iactarentur, Sest. § 140 tempestas popularis, ib. § 46 tem- 
pestas seditionum, § 101 periculi tempestas, pro Mil. § 5 tempestas 
et procellae in illis flicctihiis contiomim ; so pro Sest. § 140, ^ro 
Mttr. § 35 umlae comitiorum ; cf. k\ij5o}v Plato Legg. 6. 6, Dem. 
de F. L. § 136. Compare on the whole subject c. 20 of the^o 
Sestio. In his metaphors from sea, storms, etc, Cicero's favourite 
words are tempestas,procella, tranquillum, fluctus ac turhines ; his 
fondness for metaphors from shipwreck and navigation is 
noticeable, e.g. naicfragium, guhernxire, syrtis, scop^cli, iacticra 

§ 12 I. 15. defetigari : the spelling of T. The a o^fatigare 
is changed to e by the influence of the accent on the preceding 
syllable, which usually modifies the timbre of the vowel in the 
succeeding syllable, cf. pati but perpeti, pacisci but depecisci ; 
assimilation too possibly helps the change, cf. Stolz Lat. Gr. 
p. 270. 

16. venio iam : a formula of transitio ; cf. elsewhere in 


Cicero veniamus ad, atque ut veniamus ad, nunc exponamus, 
nunc dicamus. 

17. quisletc, : a good instanceof7r/9ocra»7ro7rotk, sermocim^zo 
or conformatio {personarum ficta inductio, de Or. 3. 205). Both 
Cicero and Cornificius {ad Her. 4. 53. &Q) regard it as one of 
tlie choicest of figurae sententiarum. For other instances cf. 
Catil. 1. 27 patria sicaget etc, de Fin. 4. 61, jrro Cael. § 33, Appius 
addressing his degenerate descendant Clodia, Div. in Q. C. 
§ 9, Plato Crito 11 vbfxoi speaking, Aeseh. in Ct. 88 § 257, 
Dern. de F. L. § QQ, id. de Chcrs. 35 et ^6701' vixas airaiT-qaeLav oi 
"EXXijfes . . Kal ^poivd' vfids. 

21. contenderat : sc. heneficium, 'had eagerly sought for 
my patronage.' 

22. splendore : vide supra § 6, Introd, § 3. 

23. ambiendum : impersonal, ' need not enter upon an 
energetic canvass.' 

24. instituta, 'customary procedure.' 

7 2. supplicari : cf. Strachan-Davidson Cicero p. 96 *The 
Roman elector expected to be asked and even entreated for his 
vote. He was not displeased if he were asked more than once. 
This required great personal exertions on the part of the 
candidate and his friends. Quintus urges his brother (in de 
petitione consulatus) never to be out of the way, and never to give 
any one the opportunity to say that, so far as he was concerned, 
you might have had what you wished, if he had been asked by 
you and asked with earnestness and insistence.' 

M. Seium : Pliny H. N. 15. 1 tells us that this Seius, during 
liis aedileship in 74 b.c, supplied the people with corn at the 
low prico of an as a bushel {modius) and thus redeemed his 
character, as before this time he had been in disgrace for some 
unknown offence, and had been condemned to pay so large a 
fine that his income was reduced below the census equester, i.e. 
400,000 sesterces = about £3600, and he consequently was 
removed from the roll of the knights ; cf. Cic. de Off. 
2. 17. 58. 

5. M. Pisoni : Marcus Pupius Piso, quaestor 83 b.c. , 
proconsul in Spain in 69 b.c, consul in 61 ; an orator, teacher 
of rhetoric, and supporter of the peripatetic philosophy ; acted 
as tutor or adviser to Cicero in Athens in 79 b.c Cf. Cic. Brut. 
240, 310, de Fin. 5 § 1, Ascon. on Cic. in Pis. § 62, de Or. 1. 
22. 104, etc. 

Q. Catulo = Quintus Lutatius Catulus, the elder, consul in 
102 B.c with Marius, subsequently proscribed by Marius for 


liis adhereiice to the Optimate party, whereupon he committed 
suicide (87 b.c.) Cicero introduces him in his de Oratore 
(§ 108. 5) ; he was three times unsuccessful in his candidature 
for the consulship : in 106 b.c. he was defeated by Serranus, in 
105 B.c. by Cn. Manlius, in 104 b.c. by C. Fimbria. Cicero 
frequently praises him for his upright character, Verr. 3 § 209, 
his knowledge of Greek, de Or. 3 § 29, his taste and judgment 
in matters of style {suhtilitas, elegantia, lenis appellatio), pro 
Mur. § 36, Brut. § 132. 

6. sanctissimo, 'upright,' ' conscientious.' 

7. fuit enim tamen : a rare collocation of words, tamen 
usually immediately following an emphatic word ; but here 
enim explains 7ion dico, tamen shows the antithesis to stultis- 

8. C. Fimbriam : C. Flavius Fimbria, consul with C. Marius 
in 104 b.c, killed in the riots of Cinna ; Cicero praises his 
oratorical powers, Brut. 34. 129 C. Fimhria truculenius, asper, 
maledicus, . . nec riidis in iure civili etc. ; cf. de Or. 2 § 91, 
Verr. 5 § 181, pro Rah. § 21, de Off. 3. 77. 

novum hominem, 'none of whose family had held office,' 
' a parvenu. ' 

9. Cn. Manlium : i.e. Cnaeus Manlius Maximus, consul 105 
B.c, in which year he was utterly defeated at the Arausio 
(Orange) by the Cimbrians, both his sons falling in the battle ; 
on his return to Rome he was prosecuted by P. Sulpicius, and 
defended by Antonius the orator, Cic. de Or. 2 § 125. 

§ 13 \. 11. desiderarunt, 'looked in vain for,' 'missed' = 
Gk. irodeiv. 

12. Cyrenis : in 63 b.c Laterensis was acting as proquaestor 
in the provincia Cyrenaica, cf. infra § 63 Cyrenis liberalem te 
in puhlicanos, Introd. § 10. 

me enim . . videbam, ' for I preferred that I rather than 
the provincials should have the enjoyment of your services, but 
the more important that enjoyment was to me, the more it 
failed me — for I never saw you' = c^ qua plus intererat me tua 
virtute frui eo minus mihi tua virtus adfuit. intererat imper- 
sonal, aberat sc. virtus = non aderat, non adiuvare, *to be found 
wanting' ; cf. pro Sulla § 7 . . adesse . . in ceteris afuisse. 
Instead of plus we expect magis or longitis, but we find ahesse 
onultum, plurimum etc. {de Fin. 3 § 6). 

15. sitientem virtutis : genitive because sitiens is passing 
from a participial use to an adjectival ; cf. Or. pro Qtcint. § 62 
negotii gerentcs ; cf, the use of patiens with lahoris and lahorcm. 


deseruisti ac reliquisti, 'utterly abandoned me'; vide note 

16. petere tribunatum : in 59 b.c, in the consulsliip of 
Caesar and Bibulus, Laterensis was a candidate for the tribune- 
ship, but withdrew his name rather than take an oath that he 
would support Caesar'8 agrarian law, ad Att. 2. 18, infra § 52, 
Introd. § 10. 

temporibus . . requirebant : i.e. Laterensis would have 
been tribune in 58 b.c, and might have averted Cicero's 

19. tempestate gubemare: for the metaphor vide § 11 ; 
cf. § 86, pro Sest. 101. 

20. noUe : sc. gubernare. 

23. eum magistratum = the plebeian tribuneship. 

24. magnae : emphatic ; the antithesis lies in ludi. 

25. ludi : the cura ludorum involved the management by 
the plebeian aediles of the ludi plebeii (prid. non. Nov.) 16th, 
I7th, 18th November, by the curule aediles ludi Romani in the 
middle of September, ludi Megalenses {non. Apr.), by both 
bodies ludi Ceriales, ludi Florales in April, and the ludi Liberi. 
For the duties of aediles and their election vide supra § 9. 

permagni : vide § 5, 

26. quare . . petenti, 'so either fulfil the hopes you had 
led me to form about you (i.e. become tribune), or if after all 
you have a fancy for an office which I consider of much less 
importance, I will give it you — the aedileship — in spite of the 
lack of interest you show in your canvass,' but I warn you that 
if your canvassing is always such you will never get beyond the 
aedileship to the higher offices. 

29. amplissimos honores : the aedileship was the first step 
to these, Cic. Legg. 3. 3 § 7 ollisque (sc. aedilibus) ad honoris 
amplioris gradum is p^rimus adscensus esto. 

30. condiscas censeo : older than ut condiscas censeo, ' I give 
it as my opinion, I advise, that you learn thoroughly.' Simi- 
larly the parataxis (Trapdra^ts) of cedo, bibam, ' give it me ; let 
me drink,' is older than the more hypotactical (subordinated) 
cedo ut bibam. 

VL § 14 1. 2. iudicem : sc. quaestionis, the presiding judge 
in this case, C. Alfius Flavus ; vide Introd. § 5. 

6. diribitio, 'sorting of the voting-tablets.' 

7. renuntiatio, 'declaration of the poll.' 


8. professi, ' given in theii' names ' to the presiding magis- 
trate ; this professio took place, trium nundinarum tempus, 
before the actnal election. For this and the tvvo preceding 
technical terms vide Introd. § 20. 

10. sunt omnes : note the position of the verb at the 
beginning of the sentence ; this is usual when, as here, the 
notion conveyed is concessive. 

§ 15 1. 13. sunt: we expect si suhlata erunt . . nihil accidet, 
but the parataxis is more effective ; cf. Hor. merses pro/wndo ; 
pulcrior evenit. 

studia, ' party-spirit.' 

18. factos = creatos : cf. § 9facit eos. 

19. campus : sc. Martius, where the elections were usually 
held ; here used concretely of the electors themselves on the 

undae comitiorum : vide § 11. 

22. impetu studiorum et motu : these words go together, 
'the uproar and excitement of party-strife,' ' Sturm und Drang,' 

motu . . modum : an intentional play on words, annominatio 
or Trapovo/jiacria : cf. nolo esse laudsitoY ne videar esse adtil3Ltor. 

§ 16 1. 24. contentionem, 'comparison between you.' 

25. tabella, *the voting-tablet, ' i.e. the privilege of voting 
by ballot. 

aperit, ' lets men's countenances be seen, but conceals their 
intentions ' ; for aperire * to make visible ' cf. Nat. Deor. 2 § 51 
stellae aperiuntur. For the antithesis of frons and mens cf. ad 
Att. 4. 15. 7 utrum fronte an mente dubitatur. 

27. id . . exprimis, *why do you insist that that should 
be done in court which is not done at the polling-booth ?' i.e. 
that the comparative merits of the candidates should be 
discussed ; for exprimere = extorqu£re cf. Verr. 3. 112 cum in 
ius eduxi expressi ut conficere tabulas se negaret, Tac. A7in. 1.19. 
9 1. hic quam ille etc. : the sense is ' to say that Plancius 
was more worthy than Laterensis is a serious statement to 
make. " In what way then can we say that it was fairer that he 
should be elected than I ? " to this I can only give this answer, 
in which the whole point lies and with which the presiding judge 
is content, "The people chose to elect him." " Why Plancius 
rather than me ? " That I do not know, and if I did know I 
could not say ; or lastly, I might say he was improperly elected 
(which would be a very serious thing for me to say, for you 


might wroiigly infer from it that I thought Plancius had been 
elected through bribery, yet if I did say it I ought to be able to 
say it without damaging my client). What would you gain 
supposing I made use of this extreme line of defence, which is 
the same thing as saying that the people did what its caprice 
prompted, not what it ought to have done ? You would gain 
nothing, for the fact still remains, he has been elected.' 

2. quo modo . . aequius : this, as well as the question cur 
iste etc, is put into the mouth of Laterensis ; with quo modo 
. . aequius supply hunc creari quam illum, 'what statement 
can make his election seem fairer ? can justify it ? ' The general 
sense of the whole passage is ' we are not allowed to say that 
Plancius was superior to Laterensis in worth ; what then was 
the reason of his election ? The reason is — he was elected. ' 

6. non recte, 'improperly,' which may mean 'by bribery,' 
consequently Cicero says it is a serious word to use ; he means 
' improperly,' i.e. ' capriciously,' amplified in quod voluisset etc. 

7. extrema defensio goes back to vel denique . . si dicerem 
non recte etc. 

VIL § 17 \. 9. quid? si, *what if ; here used to introduce 
us to tlie second argument, that the people were justified in 
choosing Plancius ; the first was that the people chose him. 
The construction is elliptical, sc. ais, censes, cf. pro Mur. 33 
quid ? illam pugnam navalem ad Tenedum mediocri certamine 
commissum arhitraris ? pro Rosc. Am., quid censes hunc ipsum 
Roscium quo studio esse in rusticis rebus? So Ferr. 4. 127, de 
Or. 1. 176. 

14. causam crimenque, 'the case and the charge,' i.e. 
*thc charge brought in this case.' 

aliqueindo =ta7idem aliquando, 'at length, for it is high 

16. omnes : i.e. omnes qui tecum petierunt equitum Roma- 
norum filii fuerunt. 

nihil dico amplius : i.e. * I will not discuss any further this 
question of the comparative merits of Plancius and Laterensis ; 
but there is one point connected with your candidature which I 
do wonder at . .' 

18. longissime . . afuit : Plancius was first on the poll, 
then came Plotius and Pedius, whilst Laterensis was fourth. 
It was not Plancius who had kept Laterensis out — about his 
election the people neverdoubted — but rather Plotius and Pedius. 

19. summa sacra via : the via sacra {sacra because used 


especially for religious processions and triumphs) follows the 
valley between the Palatine and Capitoline Hills, and passes along 
the Porum to where the Colosseum now stands. At the eastern 
end of the Forum it is spanned by the Fornix Fahius, built in 
111 B.C. by Q. Fabius Maximus Allobrogicus from the booty 
gained in his campaign against the Gaulish tribes. summa 
sacra via = the high ground where the road begins to slope 
down to the Forum ; the Fabius Fornix=^ the very oj^posite end 
of the Forum. In Constantine's time the arch was still standing ; 
vide Becker Eom. Alterth. i. p. 239. 

22. Q. Pedio : Q. Pedius was Caesar's lieutenant in Gaul in 
58 B.C. ; in 49 praetor ; in 45 was again Caesar's lieutenant in 
Spain, and took a prominent part in the repulse of the Pom- 
peiau party there. 

A. Plotius in 51 B.c, after his aedileship, was praetor 
urhanus {ad Att. 5. 15. 1) and friend of T. Antistius, quaestor of 
Macedonia. In 48 b.c. he was propraetor of Pontus and 

24. dimovit, * pushed aside ' ; thus Laterensis was depulsus, 
' thrust aside ' ; for dimovere literally cf. Hor. Od. 3. 5. 51 
dimovit ohstantes propinquos. 

§ 18 1. 25. sed tamen : after a digressiou sed tamen is 
frequently used at the beginning of a clause to indicate a return 
to the argument. There is an ellipse of a concessive sentence, 
which here = quamquam contentio vestrum sine contumelia 
tractari nequit, tamen haec etc. ; cf. Lael. § 95, pro Sest. 23. 
10 2. cur . . est : in parenthesis, ' why should I not confess 
what I am compelled to confess ?' i.e. that Plancius was inferior 
to Laterensis in nohilitas. 

3. sed, 'yet,' in spite of the concession mentioned above. 

4. alias = when candidate for the aedileship and praetorship. 
consulatus : solus Cicero e sex competitorihus equestri loco 

natus erat, Schol. Cicero was also a noviis homo. 

vldene: a favourite expression of Cicero to convey a warning, 

6. utraque : paterna, materna, Manutius. 

8. id = to support the aristocracy. 

imaginibus. ' The external distinction of the nohiles was 
the ius imaginum, a privilege which was apparently established 
on usage only and not on any positive enactments. These 
imagines were painted masks of wax made to reserable the 
person they represented (Pliny H. N. 35. 2 expressi cera vultus), 
and they were placed in the atrium of the house apparently in 


small wooden cases somewhat in tlie form of temples {^6\iva 
vatdia, Polyb. 6. 53; armaria ' wall-presses,' Guhl and Koner 
p. 466). The imagiiies were accompanied with the tituli, or 
names of distinction which the deceased had acquired, and the 
tituli were connected in some way by lines or branches so as 
to exhibit tho pedigree {stemma) of the family. The imagiTies 
were usually enclosed in their armaria, but on festival days 
they were crowned with bay {laureatae) ; they also formed part 
of a solemn funeral procession.' — Smith Dict. Ant. p. 796. 

11. etenim, =7iam, namque, introduces the reason why there 
are so few who support the nobility. There is an ellipse, * for 
to show you that these are so few, we will go into the matter. ' 

caput et fontem : frequent metaphor for * fountain-head,' 
a meaning which can also be given by either of the words 
separately ; cf. de Or. 1. i2 ab illofo7ite et capite Socrate. caput 
often combined with ara, Livy 28. 42 Hannihal ihi caput 
arcemque helli huius esse ; cf. Livy 26. 7. 3. 

VIIL § 19 1. 13. antiquissimo : in 381 b.c. Tusculum 
received the civitas cum suffragio ; cf. Livy 6. 26. From 323 
B.c. to the end of the Republic the Tusculans voted in the 
Papirian tribe, Livy 8. 37. Tusculum is thus an older 
municipium than Caere (353 B.C.), although the latter is usually 
regarded as a type of a municipium. 

15. luventia : to which Laterensis belonged. Q. M. 
Juventius Robia was consul with Tiberius Gracchus in 163 b.c. 
Vell. Pat. 2. 6, 3. 2 luventius Laterensis vir vita ac morte con- 

16. praefectura : an exact classification of the gradations 
of Roman civitas is almost impossible. At the time of the 
writing of this speech we may roughly make the following 
division of Roman towns : — L coloniae {colere), properly bodies 
of settlers, either Roman or Latin, sent out to occupy and 
cultivate land gained in war, and thus keep in check the 
subject population of Italy, and occupy that part of their 
territory of which they had been deprived for their resistance 
to Rome. coloniae possessed a regular government modelled 
on that of Rome ; their senators were decuriones, their consuls 
duumviri ; their laws and sacred ritual were the same as at 
Rome, and the inhabitants enjoyed all the of civitas 
Romana. II. municipia : municipes {munia, capio) were properly 
the inhabitants either of those towns in the immediate vicin- 
ity of Rome who were removed to Rome when their homes 
were captured and destroyed, or of those which concluded a 


foedus aequum, an alliance on equal terras with Rome. On 
reinoval to Rorae they were liable to all the obligations and 
burdens {mtmia) of ordinary Roraan citizens. The municipia 
managed their internal affairs themselves, the administration 
varying with the diflferent towns, according to the nature of 
the treaty made with them, which might be aequum or iniquum, 
fair or unfair ; by degrees, however, their government seems to 
have been assirailated to that of the coloniae. III. praefecturae : 
these received their name from being the headquarters of the 
praefecti or ivviri iuri dicundo sent out annually from Rome 
to administer justice. All towns in Italy which had not the 
privilege of electing their own magistrates must be classified as 
praefecturae ; cf. Festiis praefecturae eae appellahantur in 
Italia in quibics et ius dicehatur et mmdinae agehantur. et erat 
qitaedam earum res publica, neque tamen magistratv^ suos 
habebant ; in quas his legihus praefecti onittehantur quotannis qui 
ius dicerent ; cf. Cic. pro Sest, 32. On the whole question vide 
Mommsen liom. Staatsrecht iii. 796-800, Ramsay Hom. Antiq. 
p. 92. 

18. vls, * do you think ? ' ' do you wish to make out ? ' For 
a rather similar meaning of velle cf. Cic. de Div. 2. 9. 24 vultis 
omnia evenire fato *you hold as a tenet that . .' 

19. Atinates : Atina (Yerg. Aen. 7. 630 Atina potens), the 
modern Atina, a small town in the heart of the Sabine hills, 
not far from Cicero's native place Arpinum. Both Atina and 
Arpinum were enrolled in the tribus Tcrentina. 

alteri : sc. Atinates. 

21. huius, * whora you see before you ' ; he was present in 
court to support Plancius as an advocatus or friend, summoned 
by the accused to bear witness to his character and influence 
the jury in his favour. 

25. alteros = Tusculanos. 

26. malivolos : the Scholia Vaticana point out that Lucilius 
in his satires attacked the Tusculans as being a spiteful people, 
and mention that M. Cato the censor was considered malignus 
and invidus ; there is consequently a touch of irony in Cicero's 

27. vehementius, ' never very enthusiastic about the public 
honours gained by their fellow-townsmen.' 

§ 20 1. 28. hoc, as is shown by the examples which follow, 
is equivalent to ut nostroru7n honxyre laetemur. 

29. fratre : Quintus Tullius Cicero studied rhetoric in 


Athens at tlie same time as his elder brother, retnrning to 
Ronie in 77 b.c. He married and lived unhappily with 
Pomponia, Atticus* sister ; in 65 b.c. he was plebeian aedile, and 
was praetor designate in the year of his brother's consulship. 
A friend of Caesar's, he shared his disapproval of the strong 
measures takeu against the Catilinarians ; from 61-59 B.c. he 
was praetor in Asia, returning to Rome in 58, where he 
did his best to procure his brother's recall. In 57 he was 
Pompey's legate, being engaged especially in the management 
of the rcs frumentaria toto orbe terrarum which had been 
assigned to him. In 54 he accompanied Caesar to Gaul as 
his lcgatus, and in 53 to Britain. He also acted in the 
same capacity to his brother in Cilicia. In the civil war 
between Caesar and Pompey he sided in a half-hearted way 
with the Optimate party ; pardoned by Caesar, he retired to 
his property in the country, and met his death in the pro- 
scription of the year 43 b.c. ; cf. Cic. ad Q. Fratrem passim, 
pro Flacco § 21, ad Att. 4. 3, pro Sest. § 76. 

agri montesque : an instance of hyperbole, superlatio 
(virep^oXTfj). Quintilian gives as instances of this figure of 
speech Verg. Aen. 1. 166 geminique minantur in caelum scopuli, 
Aen. 7. 803 illa vel intactae segetis per summa volaret gramina 
nec teneras cursu laesisset aristas, adding tuvi est hyperhole virtus 
cum res ipsa de qua loquendum est naturalem modum excessit ; 
cf. Quint. 8. 68, Cornif. 4. 44. 

11 1. M. Catone : M. Porcius Cato, born at Tusculum 234 b.c, 
left his unfertile Sabine property and came to Rome, deter- 
mined, although a mere boy and absolutely unknown, to win 
himself a position as a politician {Verr. 5. 180, de Rep. 1. 1. 1). 
In 217 B.c. he served in the army as a miles grcgariiis against 
Hannibal, and probably was present before the walls of Capua 
under Q. Fabius. In 209 b.c. he served under the same general 
at the siege of Tarentum a,3 proqiiaestor ; in 204 b.c. he brought 
the poet Ennius to Rome. After a period of varied foreign 
military service he returned to Rome and devoted himself to 
politics and oratory, and it is to the year of his censorship, 184 
B.c, that his acerbae orationes must be assigned (Livy 39. 42) ; 
from this date to the time of his death in 149 b.c at the 
age of 85 he took a prominent part in the Roman political 
world, distinguishing himself by his uncompromising opposition 
to the Optimates. His services to Latin literature were con- 
siderable, though his style of writing was rough and uncon- 
ventional. His chief works were his Origines, a history of 
Rome in seven books from its foundation to 49 b.c, and de re 


rustica, a collection of maxims on household management and 
agriculture. For his character vide Livy 39. 40. 

2. T. Coruncanius, in the year 280 b.c, •vvhen Pyrrhus 
came to Heraclea, was consul with P. Valerius Laevinus, and 
triumphed the same year de Volsiniensibus et Vulcientihus. 
He is known chiefly as a jurist and archaeologist. Whether he 
really came from Tusculum is uncertain ; Tac. Ann. 11. 24 
says he came from Camerium. Cicero always speaks of him 
with admiration, de Dom. § 139, de Nat. Deor. 1. 115. 165, Brut. 
55, de Legg. 2. 52, de Or. 3. 56, etc. 

Fulviis : the most famous families of this plebeian gens were 
the Flacci, Nobiliores, Centumali, Curvi. 

3. gloriari : cf. § 19 laetari ; for the frequency of verbsin 
-ari in Cicero cf. note on § 1. 

5. aliquid : in expression of modesty, cf. § 24. 

C. Marius, born at Arpinum, after working as a fann- 
labourer joined the army whilst quite young ; was present at 
Numantia 134 B.c, where he was complimented on his bravery 
by Scipio Africanus. In 109 b.c. was legatus of Metellus in 
Africa and fought with distinction against Jugurtha. Elected 
consul on his return to Rome, again in 104, and from 103-100 
B.C. ; annihilated the Teutones at Aquae Sextiae 102 b.c, and 
the Cimbri at Vercellae 101 b.c. A democrat at first, he joined 
Saturninus in his attempt at reform, but soon turned against 
him and became one of the Optimate party. The growing 
iniluence of Sulla deprived him of his popularity, and in 88 b.c, 
when Sulla marched on Rome, he was forced to flee to Africa. 
In 87 B.c he returned to Rome with Cinna, and died in 86 b.c, 
just after he had entered upon his seventh consulship ; cf. 
pro Pl. §§ 26, 51, 61, 88, 78, p^o Sest. §§ 50, 116, and Juv. 
8. 245. 

§ 21 1. 9. splendidissimi homines : but as Cicero says in 
§ 18 there are parum multi qui nobilitatem ament. splendidus 
is the regular epitliet of the Roman knights, cf. § 12 equestrem 
splendorem; cf. Landgraf on^ro Hosc. Am. § 20 p. 169 or 371. 

10. huius : sc. Plancii. 

11. fortissimorum, 'upright' ; fortis is often joined with 
impiger, acer, animosus, strenuus. 

13. in squalore : the relatives, friends, and clients of the 
accused usually attended in court dressed in mourning apparel 
to excite the sympathy of the jury, cf. pro Cluenl. § 18, pro Sest. 
32, ad Att. 3. 10. 2. For the alliterative combination sgwaZor 


ct sordes cf. pro Mur. 86 nunc idem squalore et sordibus confectus 
vester est snj^plcx. 

14. tribuni aerarii : originally tribal officers whose duty it 
was to collect tlie tributum from tlie tribcs, and to distribute 
pay to the soldiers, or largess (aes) to the plebs generally — hence 
their name aerarii. By the lex Aurelia 70 B.c. they became 
an orgauised body, their ccnsus being a property of more than 
300,000 sesterces but less than 400,000, and shared the iudicia 
witii the senators and knights. Caesar's lex Julia, however, of 
46 abolished this privilege. The trihuni aerarii are usually 
mentioned as the more respectable and well-to-do members of 
the plebs as distinct froni the rabble, and are often classed with 
the cqiiites ; cf Catil. 4. 7, pro Eab. c. 9, pro Pl. c. 2, Pauly 
Real-Encycl. vi. 2, Ramsay Manual p. 239. 

a iudicio dimisimus : in two senses — (a) ' I excuse from 
their attendance in court, for they supported him en masse at 
his election ' ; (/3) ' I do not take any account of, I do not men- 
tion in deahng with a legal case.' 

17. tribum Teretinam : this was the tribe which Laterensis 
said had been bribed by Plancius ; the men of Atina voted in 
it, and though they were not able to carry the vote of the entire 
tribe for Plancius, yet their support was sufficient to increase 
his influence and thus indirectly afi^ect the voting of the tribe. 

dignitatem etc, *for though they did not carry {praebuerunt) 
the vote of the Teretine tribe, yet they gained for Plancius 
importance and the attention of all eyes, a sterling, compact, 
indefatigable body of supporters in the court.' 

18. solidam : cf. Hor. Od.'B. 3. 1 mente quatit solida, almost 
synonymous with integer, ccrtus, constans. 

19. nostra municipia : i.e. Atina, Arpinum, Sora, Casinum, 
Venafrum and Allifae. nostra makes an antithesis between the 
unanimity of the municipia in the vicinity of Atina and the 
lethargic support of Tusculum and the neighbouring towns. 

IX. § 22 \. 21. in nobis, 'in my own case.' 

22. finitimi : i.e. we people of Arpinum. 

23. veterem : Landgraf in a note onpro Rosc. Am. % 17 shows 
that Cicero in his earlier speeches draws a clear distinction 
between antiquus and vetiis (usual distinction a7it. = 'past,' opp. 
novus ; vetus ' old, but still existing,' opp. recens), using antiquus 
only in a good sense, vetus in a bad sense ; but this distinction 
is not observed in his later speeches. 

oflQcii rationem : a common combination in Cicero, e.g. 


Ferr. 2. 5 § 177, pro Quinct: § 59, pro Cluent. § 117. It may 
be explained (a) as a metaphorical use of ratio in the meaning 
'account,' cf. rationem reddere, or (/3) a mere periphrasis ; it is 
certain that Cicero often uses ratio with a genitive of a noun in 
very much the same way as the noun by itself, possibly with 
the result of making the idea more abstract, thus comilii ratio 
=consilium etc. 

24. non infuscata etc, *not tarnished by spite, always 
free from insincerity, not counterfeit, without a touch of deceit, 
not skilled in the tricks of hypocrisy — as men so often are in 
the vicinity of the city or in the city itself.' 

25. fucosus : properly 'painted,' 'dyed,' lial. imbellettato, 
cf. pro Rah. Post. § 40 merces fallaces etfucosae. 

26. urbano : vult ostendere Arpinates remotiores Roma non 
tam callidos esse et fraudulentos quam suburhanos et urbanos qui 
solent esse astutissimi Delph. 

28. celeberrimus, 'most populous.' 

29. nostra . . aspera regio : i. e. Arpinum, situate near 
the junction of the rivers Liris aiid Fibrenus, on a spur of the 
Volscian hills. Cicero ad Att. 2. 11 § 2 called it like Ithaca 
rprjx^^' aXK' dyadr] Kovporpocpos Od. 9. 27. 

30. honore ornari \ chiasmus. The combination of 
augeri dignitate f ornare and augere is common in 

Cicero, e.g. ad Fam. 7. 17. 2 te augendum atqu^ omandum semper 

12 2. publice etc, 'are present to give evidence as public 
representatives of their townships.' legat. test., hendiadys, 
*with embassies and evidence,' i.e. *to give evidence as an 
embassy.' It was a common custom for munidpia to send 
representatives to bear witness for or against a reus of whose 
procedure they had exact knowledge ; cf. Verr. 1. 3 § 7, 2. 2 
§ 114, pro Gacl. § 5. 

cum legatione testimonio : et is absent from the MSS. , 
probably a case of lipography. 

3. nunc during the suit, ttmi at the polh 

§ 23 1. 7. genere : Cicero has just been comparing the 
difference of the genus of the municipia to which the litigants 
belong, i.e. the different huild, different type, especially as 
shown in their appreciation of those of their citizens wdio have 
been a credit to them ; genus is here consequently 'charactor,' 
'condition,' 'nature.' 


8. nisi forte: iroiiical, so nisi vero ; d. pro Mur. § IS, pro 
Sext. liosc. § 82. 

Labicana : LabTcI, or Labicum (Verg. Aen. 7. 796 picti scuta 
Labici), a small township about 15 miles south-east of Rome, 
between Tuscuhim and Praeneste. 

Gabina : Gahii, between Rome and Praeneste, 12 miles due 
east of the capitah Originally one of the most important towns 
of the Latin league, it was now decayed and deserted ; cf. Hor. 
Ep. 1. 11. 7 Gabiis desertior, Juv. 3. 192. 

9. Bovillae : about 10 miles south of Rome on the Via 
Appia ; like Gabii, a populous and iraportant member of the 
Latin league until it was destroyed by Coriolanus. It is best 
known as having been the scene of Clodius' murder by Milo ; cf. 
Cic. pro Mil. passim. 

10. Latinis : sc. feriis, cf. comitiis, gladiatorihus, ludis, 
Saturnalihus etc. The Feriae Latinae (or Latinae simply, cf. 
Cic. ad Att. 1. 3, Livy 5. 17) was an old festival of the Latin 
league celebrated on the Mons Albanus, because Alba originally 
was the leading state of the league {pro Mil. § 85). The 
festival as organised by Tarquinius Superbus consisted in the 
sacrifice of white oxen {sacrificiiim Latinarum) to Jupiter 
Latiaris, and the representative of each Latin town was given 
a portion of the victim to take to his city (Yarro L. L. 6. 25 
Latinispopulis . . exAlhanomonteexsacriscarnempetereiuscum 
Romanis). Even after the Romans had complete hegemony 
over Latium the festival was still celebrated. The date of the 
Feriae Latinae was not fixed by law ; it was one of the first 
duties of the consuls before leaving for their provinces to decide 
when they should take place. Since the festival lasted four 
days, during which no public business could be transacted, this 
power of the consuls of deciding when the Feriae should take 
place became a powerful political engine in repressing any 
unconstitutional movement ; cf. Cic. Q. Fr. 11. 6, Livy 21. 
63, Marquardt K. H. iv. 441. 

12. publicanum : at Rome those taxes and imposts which 
varied with the condition of trade, e.g. i\\Q portoria, harbour-dues, 
were sold by the State to the puhlicani or tax-farmers for a kimp 
sum of money, the State being represented in the contract by 
the censors. The puhlicani then collected the taxes, vectigalia, 
themselves, whereas in the case of trihutum and the stipendium of 
the provinces the State was responsible for its collection. The 
puhlicani became a very important body in Rome, and were 
often very useful to the State in the matter of public loans, etc. , 


and filled very much the position of the large bankers of to-day. 
They had all the privileges of the ordo equester, as by the law 
of C. Gracchus any one with an income of more than 400,000 
sesterces became an eques. Senators might not belong to a societas 
of tax-farmers, as it was not thought advisable that those who had 
control of the taxes should have a pecuniary interest in them. 
The soeietates or joint-stock companies were carefully-organised 
and efficient bodies with an elaborate system of managers and 
subordinates to facilitate the collection of the taxes of the larger 
provinces ; cf. Livy 5. 7, Cic. pro leg. Man. § 17 etc. For the 
prominent position held by Plancius' father in these societates 
vide Introd. § 13. 

in honore, 'to a candidate for office/ sc. petendo. 

12-14. adiumentum . . ornamentum . . flrmamentum : 
the termination -mentum is very frequent in Cicero, especially 
in his speeches, probably owing to the fact that it produces 
words which by their length and spondaic scansion produce a 
good oratorical effect ; other similar words, emolumentum, 
detrimentum, impedimentum, laxamentum etc. 

15. continetur, 'is made up of,' 'is comprised in.' In 
this sense used only in the passive in Augustan prose, contin^ere 
aliquam rem not being found. 

§ 24 1. 16. neque iniuria, 'and rightly too ' did they show 
studium singulare. 

17. vel quod . . : Cicero gives the various reasons which 
induced the people to make Plancius aedile. 

princeps publicanorum, ' the ruling spirit among the tax- 
farmers ' ; he was managing director of several of the societates, 
cf. § 32, Introd. § 13. 

18. sociis, ' the shareholders ' in the societates or joint-stock 

20. huius : i.e. Plancius. 

21. illi : i.e. the Roman knights. 

X. 24. aliquid : an expression of modesty, vide § 20. j 

dico : Wunder needlessly alters this to dicam on the grounc 
that Cicero more commonly uses the future. 
13 1. non enim : Cicero may say it, for he had used no ille^ 
methods in supporting Plancius' candidature. 

2. commemoratione beneflcii, 'by mentioning the kind-j 
ness I received at his hands ' during my exile. 


4. appellavi, 'I canvassed the people tribe by tribe,' vide 
Introd. § 22. 

5. ultro : added to explain aliquid attulimus ; his exertions 
were great, but he could do but little to affect the poll as 
every one had already of his own accord given pledges of his 
support. w/<7'0 = properly 'beyond,' 'further,' then in the 
Tnetaphorical sense of * beyond what is deraanded,' 'unasked,' 
'spontaneously.' It is probably an ablatival form, *ultrod, 
cf. ultra—*u2trad; cf uls 'beyond,' olim, olle, Verg., oloes 
inscrr., the stem *ol- having the meaning 'yonder,' 'there.' 

§ 25 1. 6. vir amplissimus=:Cn. Pompeius, of whom Cicero 
often speaks in his speeches in flattering terms, although we 
gather from his letters that he considered Pompey had been 
guilty of a great breach of faith in not doing more to prevent 
his exile. 

8. de aliquo : in 63 b.c. a certain Titus Ampius Balbus 
proposed a law that Pompey on his return to Rome after his 
Asiatic successes should be allowed to wear a crown of bay 
leaves {corona laurea) and all the decorations of a triumphant 
general at the Ludi Circenses ; in return for this Pompey 
supported his candidature for the aedileship, but unsuccessfully, 
cf. Vell. Pat. 11. 40. 

11. rogatio ipsa : Cicero modestly attributes any assistance 
he was able to give Plancius in his canvass not to his own 
personal influence and the authority of his name, but to the 
fact that appeals for support are always efficacious when, as in 
this case, they are based on the claims of close friendship {pfficio 
necessitudinis coniuncta). rogatio : significatur petitio quae 
facta sit pro candidato Schol. Ambros. 

13. quia . . esset, quia . . essem : Cicero puts the 
motives of his action as he thinks they will be given by others ; 
hence the subjunctive. 

1 6. potentia : cf. potentia at the beginning of the chapter, 
= the power obtained by personal influence, position, wealth 
etc, powerof a superior in rank over an inferior. 

causa rogationis : cf. ten lines above, catisa rogandi. Cicero 
recurs at the end of his argument to these words as a sort of 
refrain, in order to impress on the jury the importance of his 
point of view ; cf the repetition of potentia in the sarae line. 

18. huius in me : i.e. 'of Plancius towards me.' 

§ 26 1. 20. ultro offerebant : i.e. they wished to support 
Plancius because of his kindness to Cicero. 


nomen absentis : cf. Livy 36. 7 vim tuam praesentis 
exercitusque tui experiri. 

22. an . . mirarisrthe v^hoXesentancQhomanMinturnenses 
to fuisse niiraris is worth aiialysing as a well-balanced double 
period. In the language of rhetoric it is an argumentatio apari, 
i^ i<Twv, cf. Quint. 5. 11, a comparison of two equals : ' If the 
people of Minturnae are immortalised for their kindness to 
Marius, it is surely natural that Plancius should derive some 
distinction for his kindness to me.' The argumentatio is 
contained in two periods, an . . versantur, and Plancio . . 
miraris. The second is peculiarly compact and precise ; in it 
note (a) Plancio at the beginning, Laterensis in miraris at the 
end ; (/S) fidem corresponding to receperit, misericordiam to 
iuverit, virtutem to custodierit and conservarit. 

Minturnenses : in 88 b.c. Sulla, with whom Marius had 
quarrelled, obtained the chief command in the war against 
Mithradates, and marched on Rome to repress Marius and his 
supporters, who wished to deprive him of his command. Marius 
escaped from Rome by sea, but was compelled by stress of 
weather to put in at the mouth of the Liris (Garigliano). After 
hiding in a marsh for a time he was discovered and handed 
over to the magistrates of Minturnae, who at first imprisoned 
hira, but afterwards treated him with great kindness and put 
him on a vessel on which he succeeded in reaching Africa. His 
flight is admirably described in Phitarch 3Iar. 36-39 ; also cf. 
Valer. Max. 2. 10. 6 and 8. 2. 3, Cic. pro Sest. § 50, de Fin. 2 
§ 105, in Pis. § 43, Juv. 10. 276 exilium et carcer Minturna- 
Tumque paludes etc. 

23. impiis manibus : it is said that an executioner {carnifex) 
was sent to bring him back to Rome. 

27. servarat : i.e. from the Teutones at Aquae Sextiae in 
102 B.c, and the Cimbri at Vercellae in 101 b.c. 

ominibus, ' good wishes ' ; cf. in Pis. § 31 egressum ominilnis 

29. ratione : a fuU account of the motives of Cicero's 
retirement from Rome is given in his speech post reditum §§ 32- 
36 ; cf. infra §§ 35, 37. Cicero always wishes to represent his 
retreat as entirely voluntary and made on patriotic grounds, 
to save the State from being embroiled in faction for his sake ; 
vide especially ^jro Sest. cc. 17-19. 

14 1. honori seems to combine the two senses of 'distinction 
and ' the obtaining of office. ' 


XI. § 27 1. 3. vitia, 'failings,' * short-comings ' ; mtium is 
properly a flaw, a fault in the composition of anything. 

vitia . . mirere, ' any failings certainly in Plancius' char- 
acter have been successfully screened, defended, by the facts I 
have just mentioned ; (keep this in mind) so that you may 
cease to be surprised that with such a career as I am going to talk 
of he had so much to support him in his candidature. ' A 
troublesome sentence ; two prominent ideas — vitia, which Cicero 
tacitly admits ; in ea vita de qua dicam, which is really the 
most emphatic part of the sentence. Cicero is refuting some 
definite statement of Laterensis, who had probably said (a) 
Plancius has vitia, (j3) it is surprising that Plancius' life gener- 
ally should not be in his favour. To (a) Cicero replies, Plancius' 
short-comings are compensated by res eae, i.e. his kindness ; to 
(j3) that when Laterensis has heard the true account {ea is 
emphatic) he will cease to be surprised. 

4, potuerunt is a pure indicative ; all other editors, how- 
ever, take it as = a potential ; cf. longum est ' it would be ' etc. 

ne . . mirere : there is an ellipse before this, ' I say this,' 
' I ask you to notice this ' ; cf. Cic. de Fin. 2 § 20 duae sunt 
enim res quoque, ne tu verha solum putes, i.e. res ideo dico 
nominatim ne . ., Cato Ma. § 55 senectus est natura loquacior 
ne ab omnibus eam vitiis videar vindicare. 

6. A. Torquato : in the year of Sulla's death, 78 b.c, he 
was in command iu Africa as propraetor. 

9. contubernii necessitudo, ' the intimate friendship aris- 
ing from sharing the same quarters. ' contiibernium from con and 
taJberna ; the vowel a in tab is weakened by the accent on the 
preceding syllable. In the vowel-weakening of post-tonic a 
there are three stages, a ^ u -^ i {ox ii) ; \n the case of con- 
tuberniu7n language never fulfilled its proper tendency, the 
older form with u being retained by 'recomposition,' i.e. a sort 
of scientific archaising which began about 20 b.c. owing to the 
introduction of grammatical studies from Greece. We expect 
contibernium, cf. incipio ; similar old forms are nuncupo {*nomi- 
cap-[io]), occupo ; cf Stolz in I, Miiller Handbiich p. 270. 

11. patruelis : T. Manlius Torquatus, one of the witnesses 
in the case ; an orator of sonie ability, trained in the same 
school as Cicero, that of Molo at Rhodes, Brut. 70 § 245. 

15. in Creta : Saturninus and his relative Plancius served 
in Crete from 69 to 67 b.c, under Q. Metellus. 

16. contubemalis : vide supra. co^itubernales or comites 
was the term applied to young men of good birth who volun- 



tarily attached themselves to the staff {cohors praetoria) of some 
distinguished general in order to acquire military experience. 
The custom was transferred to civil life, and it was customary 
for young men to join^the suite of a prominent politician to 
learn politics from him, and sometimes act as his private 
secretary ; thus L. Gellius was contubernalis of C. Carbo when 
consul ; cf. Brut. § 105, pro Cael. § 73. 

19. C. Sacerdos in 68 b.c. became Q. Metellus' legatus in 
Crete. In 74 b.c. he had preceded Verres as praetor of Sicily. 

20. L. Flaccus was also Metellus' legatus {pro Flacc. c. 3). 
He was defended by Cicero in 59 b.c. on a charge de repetundis, 
extortion in his province. In the year of Cicero's consulship, 
63 B.c, he was praetor, and was instrumental in the arrest of 
the ambassadors of the Allobroges. 

21. adsiduitate : cf. adsident below ; adsidere is properly to 
sit beside, then to be present in court as advocatu^, a friend 
who is present to support the accused and influence the jury in 
his favour. 

§ 28 1. 22. in Macedonia : where Plancius was quaestor 
under the Lucius Apuleius mentioned below ; cf. Introd. § 13. 

30. in parentum loco : cf. Div. in Caec. § 61 accejrimus 
praetorem quaestori parentis loco essc oportere. The quaestorship 
being the first step in a political career, it was considered im- 
portant that the young quaestors should be directed by the 
praetors of the province in which they exercised their ofi&ce of 
15 2. isti : the tribunes of the year 57 B.c, eight of whom had 
been in favour of Cicero's recall, the remaining two opposing it. 
We must suppose that Laterensis had praised the activity of 
the tribunes of 57 B.c in order to depreciate what Plancius had 
done as tribune in the following year, since vehemens can apply 
only to Milo and P. Sextius, not to the other tribunes. 

XII. § 29 L 5. scaena : scaena is the correct spelling, 
although the word = Gk. aK-rjvri. The Eomans, feeling that the 
Greek 77 was a more open sound than the ordinary Latin e, 
made use of the ae, which was a feature of country dialects ; cf. 
the * rustic ' for more refined Latin au in plostruin — plaustrum, 
Plotus — Plautus, loreola (Cic. Epist.) — laureola, Clodius — Clau- 
dius. Similarly the Celtic reda became in Latin raeda, cf Stolz 
Lat. Gram. p. 271. in scaena, ' before all men's eyes ' ; for 
tlie metaphor cf. Cic. de Or. 3 § 162 quamvis sphaeram in 
scaenam ut dicitur attulerit Ennius, the ut dicitur showing it 
to be a proverbial expression. Cf. Hor. Sat. 2. 1. 71 a volgo et 


scaena, Cic. Verr. 5 § 35 quaesturam quasi in aliquo orhis 
terrarum theatro versari acstimaham. 

6. ut, 'liow' ; almost tlie oldest use of ut = uti=*cut% con- 
iiected with stem quo- of quis, qui etc, ' in some way,' or *in 
what way ' ; cf. development of Greek ^ttws from modal to final. " 

9. secus est parens, ' a parent is not much different from 
a god.' 

13. cum videtis : the use of cum with the indicative to 
express contemporaneous action, where cum may be represented 
by eo quod 'in that . . ,' is usually called the locative use, 
because, for instance, gratulor tihi quum vales is parallel exactly 
to gratulor tihi in hac re. From this oldest locative use of cum 
(which always is joined to an indicative) are derived all other 
uses. It is noticeable that quum or cum is itself a locative 
from stem quo- in quis etc. and = * quosme (cf. Umbrian pusme), 
and corresponds to tum = * tosme from the demonstrative 
stem to- ; vide note on Plauti Pseudolus 1. 477, Camb. Univ. 

15. tot viris talibus : a.sjndeton = tot viris ac talihus. 
veste mutata : vestem mutare is the ordinary phrase for ' to 

put on mourning' ; sordes, sordidatus, squalere, in squalore esse are 
similarly used ; cf. squalehat civitas, pro Sest. § 32, pro Mil. § 20. 
The tot viri tales, in order to appear in mourning, had changed 
their tunica with the angustus clavus, a narrow stripe for a 
plain black tunic. If they were senators they wore the tunica 
with angustus clavus instead of the tunica laticlavia. Magis- 
trates laid aside their official purple-edged cloak {toga praetexta), 
and the ordinary citizens wore no toga at all. It was the 
custom also during the time of mourning to let the hair and 
beard grow long, and those who were entitled by their position 
to wear a toga wore the oldest and shabbiest they had. 

16. solida et expressa, 'sirong and genuine.' The meta- 
phors are from material objects : solidus is used of what cannot 
be broken, opposed to fragilis ; expressus is used of anything 
modelled in wax, stone, plaster etc. ; its opposite is adumhratus, 
merely sketched ; exprimere figuratively thus = to represent 
exactly, clearly, and never has the simple meaning ' to express.' 
solidus and expressus are very frequently used in combination 
by Cicero, cf. de Off. 3 § 69, de Nat. Deor. 1 §§ 75 etc, Tusc. 
3 §3. 

17. fucata . . veritatis= 'not with a superficial veneer 
put on, as is the case with articles which are intended for sale 
in the open raarket, but stamped with signs of genuineness, 


as one stamps articles which belong to the house and are a 
permanent possession with marks burned into them.' forensis 
to domesticus. 

18. inusta: inurere Msually in a bad sense 'to hva.nd,' pro 
Cluent. § 129. 

futtilis : the MSS, all read faeilis, other emendations are 
fallax, fragilis. futtilis 'this courting and complimenting 
of the people is worthless.' U facilis is retained — and as the 
codices are unanimous it should be retained if at all possible — 
it must be translated either (1) 'easily given,' 'costing nothing,' 
or (2) 'volatile,' 'shifting,' a use unparalleled in Cicero, but cf. 
Verg. Aen. 8. SIO faciles oculi 'easily moving.' 

20. non excutitur : lit. 'is not shaken out,' as a garment 
is shaken out by the buyer, i.e. 'examined' ; cf. Gk. iK<reieiv. 

non in manus sumitur is unnecessarily bracketed by Land- 
graf as a gloss (or glosseme), an explanation of excutitur ; the 
rhythm, however, of the sentence is in favour of its retention. 

§ 30 1. 21. rebus externis : in public life. 

22. rebus domesticis : in private life. 

inferiorem quam te : according to the grammarians, e.g. 
Zumpt § 484, inferior and posterior only take the ablative of 
comparison and are not used with quam. Instances, however, 
are not uncommon, e.g. de Off. 1 § 116 inferior quam pater. 
Ernesti considers the whole passage interpolated. 

23. generis . . nominis, ' in some considerations — I mean 
those of birth and name.' These genitives depend on rehus 
and define or deseribe the res more closely. The genitive is 
originally the case of connexion, a characteristic which is 
capable of very varied extension, and the exact nature of which 
depends on the context of each passage. Landgraf emends to 
genere et nomine, Orelli generis dico et nominis decore, Bak. 
generis dico et nominis commcTidatione. genus = nobility of birth, 
Tiomew = family renown, referring to the fact that both Later- 
ensis' father's and mother's family was of consular rank. dico 
' I mean, ' cf. Gk. X^yo 8i. 

aliis, ' in other respects.' 

24. societatum, 'joint-stock companies,' § 32. 

16 1. iacis, 'you let fall hints of . . ' ; cf. iacere probra, con- 
tumelias in aliquem. 

non modo . . sed ne . . quidem instead of non modo 
tion . . sedne . . quidem, because both clauses have a common 


predicate ; cf. de Off. 3 § 77 talis ais non modo facere sed Tie 
cogitare quidem quidquam audebit. 

2, bimaritum, 'bigamist,' cf. Varro hivira. 

5. impunitum in maledicto mendacium, ' an unwarranted 
and scandalous lie,' lit. 'an unwarranted lie in (in addition to) 
a scandal.' impunitus, lit. 'unpunished,' * unchecked, ' 'reck- 
less ' ; cf. pro Scauro § 15 impunita mentiendi licentia maledictum 
'a scandalous statement,' but not necessarily false, hence 
mcndaciu7n is added ; cf. pro Mur. § 13 maledictum est si vere 
ahiciatur vehementis accusatoris. 

6. mimulam, ' some wretched ballet-dancer. ' 

a iuventute = a iuvenibus quibusdam. Cicero, in excusing 
this act of Plancius, mentions two circumstances — (a) a iuventute, 
a vague expression which, without stating definitely that Plancius 
was one of these young men, urges that it was a mere youthful 
frolic ; (/3) that it was a common usage, almost a law or privilege 
{vetere iure), which prevailed, if not at Eome, at any rate in the 
provincial towns. We know nothing of any vetus ius ; the 
instance of a similar occurrence in Livy 2. 18 does not show 
that such were frequent. 

8. oppidano : opposed to urhano. 

§ 31 1. 8. eleganter = honeste, * uprightly ' ; cf. pro Sulla 
§ 79, where elegantia (vitae) is joined to integritas. 

10. emissus aliqui, 'but you say some one was let loose 
from prison,' i.e. by Plancius when trihunus plebis. aliqui is 
the reading of the codex Tegernseensis and is kept by all recent 
editors. aliqui cannot be adjectival here, and we must consider 
it as = aliquis. 

et quidem, 'yes, but . .' Kal . . ye. A vivid form of 
affirmation used to bring into prominence the reasons urged in 
defence of the action, an effect which is enhanced by the repeti- 
tion of emissus ; cLpro JRab. Post. 8 § 22 a^ dioecetes fuit regius, 
et quidem in custodiafuit regia. 

13. praemandatis, 'a warrant for his arrest,' cf. Vatin. ep. 
ad Fam. 5. 92 ego tamen terra marique ut conquireretur \ana- 
gnostes\ praemandavi. 

14. de cuius . . dubitetis, ' in order that you may doubt ' 
= ut de eius . . duhitetis. 

15. religione, 'uprightness,' 'senseof duty.' Themeanings 
of religio (probably connected with lig-are, that which binds 
down ; cf. licta, lex, Lucr. 1. 109 and Munro's note) fall into 
two classes : — L Subjective, religious fear : (a) conscience, con- 


scientiousness, e.g. expers religionis, unscrupulous ; (/3) piety, 
devotion, worship, belief, superstition. II. Objective, the 
object of that religious fear, aliquid religioni hahere, to consider 
a thing an object of religious fear, either of things or places, 
Q.g. fanum: (a) active, a religious obligation, an oath ; (/3) 
passive, that which is sacred, quae religio? aut quae machina 
hclli? of the wooden horsQ,Aen. 2. 151 ; that which is contrary 
to the gods' will, a crime, sin, curse, of which one stands in awe, 
e.g. exsolvere rem puhlicam religione. The correct spelling in 
Augustan prose is religio, in older writers and in verse relligio 
is found. 

XIII. pater etc. : the elder Plancius, at the time when he 
was the most prominent of the puhlicani, made himself very 
unpopular with the senatorial party ; and Laterensis had ex- 
pressed the opinion that his support would or should only 
prejudice his son's case. The circumstances (vide Introd. § 13) 
were briefly these : a societas or tax-farming joint-stock com- 
pany, in 61-60 b.c, of which Plancius was director, had bid for 
and received the contracts for the taxes of Asia. Owing to the 
Mithradatic war, which had reduced the resources of the 
country, they found afterwards that it was impossible to get in 
enough money to make the contract pay ; they consequently 
asked for an abatement. The senate was disinclined to grant 
it ; finally, by Caesar's exertions, a reduction of a third was 
granted. Cn. Plancius during the whole proceeding followed 
a strong line, and did not hesitate to express his opinion openly 
of the niggardliness of the senatorial party. 

17. ut, ' do you wish that . .,' introducing a rather indig- 
nant question ; cf. Catil. 1 § 22 tu ut ullam fugam meditere ? 
tu ut exilium cogites ? 

18. in dimicatione = m discrimine, in periculo fortunarum, 
' when all his material interests are at stake ' ; whilst capitis 
siboye=social status, caput etfortunae is legal language. 

19. tales viros : sc. iudices. 
turpissimus, 'immoral,' 'depraved.' 

20. sordidissimus, 'of low birth.' 

22. communi sensu : according to Munro on Lucr. 1. 422 
there are two main uses of this phrase, which, however, often 
run into each other: {i.) = naturalis sensus, the sense or instinct 
given by nature to all sane men. Cicero uses the phrase in 
this sense both in sing. and plur., cf. pro Cluent. 17, de Orat. 
3. 195, and the passage before us ; (ii.) a distinct usage = the 
social sense, * an acquired perception of the common duties and 


proprieties expected from each member of a community,' 'tact,' 
'sense of social duty' ; cf. Hor. Sat. 1. 3. 65 — 

quovis sermone molestus ; 
' communi sensu plane caret ' inquimus, 

Cf. infra § 34, de Orat. 1. 12, also Seneca, Quintilian, Juvenal. 
Landgraf attempts the distinction of communis sensus = comvi\oxi 
instinct, the ordinary opiuion of mankind = (i.) ; sensus communis 
= (ii.) tact. In no classical author has the phrase ever the 
meaning ' common sense ' ; cf. for an exhaustive discussion of 
the subject Mayor on Juv. 8. 73. 

commendatione naturae, 'the voice of nature,' lit. *the 
commending voice of nature ' ; cf. de Or. 2 § 257 oculorum com- 
mendatione, pro Flacc. § 24 commcndatione famae. For somewhat 
similar instances of this tendency towards fulness of expression 
in Latin, or at any rate Ciceronian Latin, we may compare the 
Latin preference for compounded verbs where in English the 
simple verb seenis sufficient, also such constructions as vitiatus 
atque corrwptus ' utterly false ' ; vide note on § 1. 

§ 32 1. 28. Crassi : P. Licinius Crassus, father of Marcus 
Crassus the triumvir, during his consulship triumphed over the 
Lusitanians. Li 86 B.c. he committed suicide to avoid falling 
into the hands of Cinna and Marius ; cf. Livy Epit 80. 

29. ut postea : the ut, like those above, follows is and ea. 

30. inter suos = do7ni. 

17 1. societatum auctor, 'the promoter of the largest tax- 
farming companies. ' 

2. non modo . . sed : usually sed etiam ; non modo almost 
= 7ie dicam. 

4. vel minus honestum et alienum, ' even a less honour- 
able man, and one who was in no way related to him.' alienus, 
opposite oi propinquus or necessarius. 

vel auctoritate vel, 'bothby . . and.' 

§ 33 1. 5. inquit : sc. Laterensis. 

7. ergo etc. : the connexion of thought is ' if lihertas, free- 
dom of speech, cannot be tolerated, are we to tolerate the free 
and reckless remarks whicli Laterensis himself has made about 
the character of the elder Plancius ? But Roman knights have 
always been outspoken : for instance, they criticised the great 
Scaevola in a very outspoken manner.' 

9. ubinam . . ubi . . ubi : for the anaphora cf. § 9. 

13. Scaevolam : Quintus Mucius Scaevola Pontifex (the 


last-named title to distinguish him from Q. M. Scaevola Augur) 
was consul in 95 b.c. with L. Licinius Crassus, whose colleague 
he was in all state offices except the tribunate and the censor- 
ship. Distinguished for his eloquence, which Cicero speaks of 
in the highest terms in Brut. 115, 163, de Or. 2 § 229, also for 
his knowledge of law. He was the first lawyer to systematise 
the Roman codes, the ius civile ; cf. de Off. 1 § 116, de Or. 1 § 180. 
Cicero attended his responsioTies, or formal statements of opinion 
on legal points. In 99 b.c. he was praetor of Asia for nine 
months, and distinguished himself by his unflinching justice 
and his stern repression of the extortionate practices of the 
publicani, in which he was well supported by his quaestor, 
Rutilius Rufus, who was prosecuted by them in 92 b.c, and, in 
spite of Scaevola's defence, was condemned, probably owing to 
the fact that at that time the jury-courts were almost entirely 
in the hands of the equites. Scaevola met his death in the 
battle of Sacriportus in 82 b.c. Cf. ad Att. 9. 12. 15, de Nat. 
Deor. 3 § 80, Brut. § 311, Vell. Pat. 2. 26. 

15. et libere : Landgraf brackets these words on the ground 
that they are weak after aspere et ferociter ; but the MSS. all 
contain them and, as Wunder remarks,/aci7ms asperitas etferocia 
equitis Bomani quam lihertas tolerahatur. 

XIV, 16. consuli etc. : the connexion is 'why should I 
mention the outspoken remarks made by puhlicani and knights 
to the aristocracy, when even an auctioneer was allowed to say 
the rudest things to a consul unchallenged ? ' 

Nasicae : P. Corn. Scipio Nasica was consul in 111 b.c. 
with L. Calp. Bestia. Cicero Brut. § 128 says of him omnes sale 
facetiisque superahat. 

Granius : an auctioneer noted for his humorous sayings and 
caustic wit, cf. de Or. 2 § 244 Granio nemo quidem dicacior ; cf. 
Brut. §§ 160, 172, de Or. 2 §§ 254 and 281. 

17. iustitio {ius, sistere), ' a. cessation of allpublic business.* 
A iustitium, according to Mommsen Staatsrecht i. p. 263, implied 
acessationofprivate suiiB {differt vadimonia praetor Juv. 3. 213), 
the closing of the treasury, aerarium, the postponing of all 
public auctions, the prorogation of the sittings of the senate, 
and generally the suspension of all public business, with the ex- 
ception of those for the furtherance of which the iustitium had 
especially been declared, e.g. in this case the levying of troops 
for the Jugurthine war which had just broken out, 111 b.c. 

18. reiectae : in this word lies the point of the joke ; with 
auctiones it = dilatae ' put off, ' with legationes it = repudiatae. In 


order to obtain an audience of the senate, embassies found it 
necessary to make large presents to the consuls, cf. ad Q. Fr, 
2. 12. Granius' saying is all tho more caustic because Nasica's 
integrity was well known. The embassy here referred to was 
that undertaken by Jugurtha's son and two of his intimate 
friends ; the answer they got was uti diebus X Italia decederent 
Sall. Jug. 27 sq. To prevent this system of bribery, in the year 
67 B. c. a decree of the plebs was passed (the so-called lex Gabinia) 
that the senate should devote the month of February exclusively 
to the reception of embassies. The senate were also compelled 
to give their award within ten days of the reception of the 
envoys ; cf Cic. ad Q. Fr. 2. 11, 32 ; vide Mommsen Staats- 
recht iii. p. 1156. 

auctiones, ' public auctions ' ; these were held in the open or 
in atria auctionaria, a spear being always planted in the ground 
as the official sign of the auction. The articles were put up for 
sale by tla.epraeco, the money for them being paid to the argentarius 
or clerk who attended him. The praecones received a commission 
on the goods sold, hence Granius' supposed disappointment. 

20. M. Druso : M. Livius Drusus, tribune in 91 b.c, felt it 
his duty to ' rise in revolt against the oppressive and disgraceful 
political control which precluded any possibility of upright 
administration, and to make a serious attempt at reform ; he 
was a nian with whom the beautiful saying that nobility 
constitutes obligations was and continued to be the rule of his 
life,' Mommsen. His proposals for reform were, however, 
annulled by the great capitalists, and Drusus himself was 
murdered ; cf. Mommsen Rom. Hist. iii. 224 ' The Attempt of 
Drusus at Eeform.' 

22. quid agis? may have two meanings according to the 
accent ; Drusus meant ' how do you do ? ' Granius meant 
'what are you doing?' *what have you got on hand now?' 
alluding to his political schemes {magna molientem) ; cf. Hor. 
Od. 1. 14 quid agis? 

23. L. Crassi : L. Licinius Crassus, consul with Scaevola 
the pontifex in 95 b.c, was instrumental in passing the lex 
Mucia for the expulsion of aliens from Rome. Best known as 
an orator ; Cicero makes him the leading speaker in the de 
Oratore, cf. de Or. 3 §§ 1-8, de Off. 2 § 57. 

Marcus Antonius, the grandfather of Mark Antony the 
triumvir, was praetor of Cilicia in 104, where he distinguished 
himself in the operations against the pirates. A staunch 
adherent of the Optimates, he was put to death by Marius and 
Cinna in 87 b.c. As an orator Cicero always speaks of him in 


the highest terms, and introduces him into the de Oratore ; cf. 
Valer. Max. 8. 9. 2, Tusc. 5 § 55, de Orat. 1 § 172. 

24. voluntatem, 'policy,' 'political principles,' 

25. nostra adrogantia : some inferior MSS. read vestra. 
nostra refers to the Optimate party, of which Cicero considers 
himself an adherent, cf. infra § 45 noster ordo, i.e. senatorius. 

§ 34 1. 28. Planci : i.e. the elder Plancius. 
contumeliae, ' was there ever a remark of Plancius' which 
did not express sorrow rather than abuse ? ' 

29. a sociis : the other shareholders in the tax-farming 
companies {societates). 

30. iniuriam : for details of the diflBculty which fhepublicani 
had in getting an abatement of the contract for the taxes of 
Asia vide note on § 31. When the people voted for the reduc- 
tion of the estimate, Plancius the elder had been the first citizen 
to record his vote. 

18 3. tulit apertius, 'displayed less disguisedly,' cf. prae 

4. communis sensus, 'tact,' vide § 31 note. 

5. hic = Plancius the elder. 

6. promptum liabere=:m promptu hahere, lit. *to have 
ready,' ' to show,' ' give vent to,'cf. Sall. Cat. 10. 5 aliud clausum 
in pectore, aliud promptum in lingua habere. haheo with the 

* perf. part. passive (habeo visum, It. ho veduto, Fr. fai vu) is 
commoner in Cicero's letters than in his speeches, cf. ad Fam. 
6. 2 statutum habere ; so expertum, absolutum, susceptum etc. 
For a careful collection of such instances vide Thielmann Archiv 
f. Lat. Lex. ii. pp. 372 and 509. 

§ 35 1. 7. ex me, ' from my own experience. ' 

8. conferuntur, 'are referred to, are put down to Plancius,' 
cf. ad Fam. vii. 32 omnia ornniicm dicta in me conferri. 

10. contentione dicendi, 'carried away by my speech.' 

et quia etc. , ' and because, as so often happens, some saying 
gets abroad — it may not be very witty, but at any rate not 
entirely stupid, and whoever may have said it, it is put 
down to me.' All rhetoricians, from Aristotle, recommend, 
especially in the exordium, the use of witticisms, rb yekoiov, 
ridiculum, urbanitas etc, either (a) derived, aTrb ttjs X^^em, 
(j8) dvb tQv Trpay/xdTou, (y) dicta, (5) facta. Aristotle Rhet. 
3. 18. 7 %ipi 8^ tC}v yeXoicjv iireLdri Tiva Jo.vei XPV'^'-^ ^^ ^oh 
dydai Kal 8eiv, icp-q Vopyias, t7]v fxkv <7Trov8y]v (earuestness) 8ia- 


(pdeipeiv tQ}v ivavrluv y^XioTi, Tbv 5^ yiXiOTa cnrov8rj dpdQi \4yiov. 
dpy}Tac irdaa etdrj yeXoiuv €(ttIv iv Toh irepl iroirjTiKijs (this 
part, however, of the Poetics is lost) Siv t6 yikv apfibTTei 
iXevdipo} (the gentleman), rd 5^ o^. Sttws odv t6 HpfioTTov avTi^ 
\rj\l/€Tai. iffTL d' i} elpcovela ttjs /Sw/ioXox^as (buffoonery) i\€vde- 
piuyrepov' 6 [xkv ykp avTov eVe/ca Troiet t6 ^eXoiOJ'* 6 5k ^ufMo^oxos 
€Tipov. Cf. Quint. 6. 3. 1 ff. . . risum iudicio movendo . . et 
animum ab intentione rerum frequenter avertit et aliquando 
etiam reficit. . . Cicero believed strongly in the rhetorical 
effect of his witticisms, cf. Orat. 26. 90, de Orat. 2. 58-71. 
Quintilian, however, talks of hira as in salihus aliquando 
frigidus 12. 10 § 12. His dTro(pdiyfjt,aTa were, nevertheless, 
much admired, and many of them were incorpor*ted in the dif- 
ferent collections of witticisms made in his day, e.g. by Caesar, 
Trebonius, and Cicero's amanuensis Tiro. Cf. ad Fam. 6. 32, 
9. 16, 15. 2. On the humour of the ancients generally vide 
Arist. Rhet. 3. 18. 7, Quint. 6. 3 f., Cramer Anecd. Paris. i. 
p. 403, Volkmann Rhet. p. 234. 

15. stomachor etc. For the sentiment cf. Mart. 1. 39 — 

quem recitas meus est o Fidentine lihellus 
sed TYiale cum recitas incipit esse tuus. 

Cf. ad Fam. 7. 32. 

16. scivit legem : voted first for Caesar's law, which 
reduced the contract made by the puhlicani. This lex Julia 
de puhlicanis remitted a third of the amount of the contract, cf. 
Suet. Caes. 20, Dio Cass. 38. 7. 

22. sortis : the order in which the tribes gave their votes 
was decided either by lot or by the presiding ofiicer, in this 
case Caesar. The votes of the remaining thirty-four tribes were 
influenced considerably by the vote of this tribus praerogativa, 
cf. Livy 24. 7, 27. 6 ; vide Introd. § 21. 

splendor Planci : sc. est, ' it is a great compliment to my 
client Plancius. ' 

23. hunc=Plancius' father. 

XV. § 36 1. 25. sed here introduces a reditus ad propositum. 

aliquando = tandem aliquando, ' and it is high time too. ' The 
argument in full is ' but let us come at last to the point at 
issue (whether Plancius has made use of sodalicia) ; in dealing 
with this you have made the lex Licinia, which really only 
treats of illegal combinations {sodalicia), embrace all the laws 
about corrupt practices (ambitus) in general. Your sole motive 
in making your charge under this lex Licinia was to avail 


yourself of the method of choosing a jury which it enjoins, If 
this method of forming a panel is fair in any case of corrupt 
practices (and I hardly think it is) except in these cases which 
affect the tribes as such, I fail to see why it was only in cases 
of this nature that the senate decreed that the tribes from 
which the jury were chosen should be named by the prosecutor, 
and did not apply this same system of nomination to all other 
cases ; I do not see why, in a case of mere corrupt practices, 
the senate instituted the right of challenging the jurymen 
by both litigants, and whilst employing every form of severity 
it yet chose not to avail itself of this form, i.e. compelling the 
case to be tried by iudices editicii. ' 
19 1. lex Licinia : vide Introd. § 6 ; passed in 55 b.c. in the 
consulship of Pompey and Crassus, directed against sodalicia, 
illegal combinations, clubs, which might facilitate bribery or 
intimidation at elections. It was more severe than the leges de 
ambitu in (1) its penalties, (2) its methods, especially the 
choosing of the jury. 

4. uUa in re : i.e. in ambitu. 

re tribuaria : any matter in which operations are carried 
on trihutim, here the organisation of electioneering clubs ; cf. 
Introd. § 16. 

§37h 10. quid? 'what?' 

11. tandem, 'onlynow.' 

causa : i. e, why the system of iudices editicii was applied 
only to cases of sodalicia, not to all cases of supposed bribery. 

12. hesterno die : the trial of Plancius occupied two days ; 
on the tirst day Laterensis opened the case for the prosecution, 
and Hortensius replied ; on the second day Cassius Longinus, 
Hortensius' subscriptor, spoke for the prosecution, and Cicero 
for the defence ; vide Introd. § 7. 

13. Hortensio : Quintus Hortensius, the orator, born 114 
B.C., was thus eight years Cicero's senior. He began his 
oratorical career at eighteen, when he delivered his first speech 
in the Forum. He was for a long time the leading counsel of 
the Roman bar, until in 70 b.c, Cicero displaced him, having 
gained a signal victory over him in the case of Verres. He 
was still, however, till his death in 50 b.c, a prominent 
advocate, often speaking on the same side as Cicero, e.g. 
pro Flacco, pro Milone, pro Murena etc. As a representative 
of the Asiatic or florid style of oratory, he had a large circle of 
admirers among the younger men at Rome ; older men, how- 
ever, preferred the plainer, more incisive style of Cicero. The 


latter's criticism of him is given in Brut. 64. 228 rem com- 
plectebatur immoriter, dividchat acute, nec praetermittebat ferre 
quicquam quod esset in causa aut ad confirmandum aut ad 
repellendum. vox canora et suavis ; motus et gestus etiam plus 
artis habebat quam erat oratori satis. In politics he was a 
loyal Optimate, but after the triumvirate of Poinpey, Caesar, 
and Crassus in 60 b.c. he retired from politics and devoted 
himself to the care of his fish-ponds (Pliny H. N. 9. 55, 
Macrob. Sat. 2. 11, Cic. ad Att. 1. 18. 19), to the writing of 
a treatise on various rhetorical questions, annales, and erotic 

tiun : bracketed by Kbpke and others ; all the MSS. 
give it. 

14. sensimus, 'we, the senators, felt . .' 

15. consensionem, 'thisunion,' 'combination,' cf. Ferr. 
2. 5. 4 § 9. 

magis honeste quam vere, ' with more flattery than truth.' 
Cicero seems to prefer this method of expression to using the 
comparative in both clauses. 

16. sodalitas, 'guild,' 'association,' ' brotherhood ' ; these 
sodalitates were originally formed for social purposes or for 
the maintenance of religious rites, and in some ways form a 
close parallel to our masonic lodges, e.g. sodales did not usually 
go to law with each other, and any member of the sodalitas 
who was in pecuniary difficulties was assisted by the contribu- 
tions of his colleagues ; cf. Introd. § 16, Cic. de Sen. § 45, Verr. 
5 §9. 

quam quisque . . corrumperet : several editors omit 
this as being a mere repetition ; but in reality it represents the 
fulness of expression of legal and official language. Trans. 
'what we senators felt then was this : in whatever tribe a man 
was guilty of bribery by means of this kind of combination, 
which more flatteringly than truthfully is called a "guild," 
the members of that tribe which he was said to have won over 
by illegal forms of munificence would be the most likely to 
know all about him.' 

quam . . tribum : the antecedent is eius tribus below. 

18. reo ederentur, 'nominated to try the defendant,' 
i.e. is. 

21. sua tribus, ' one's own tribe ' from the point of view of 
the accused. 

XVI. § 38 1. 24. Teretinam : one of the 31 country tribes 
in which were included the people of Atina. There were 35 

-94 CICERCS oration for plancius 

tribes at Rome from 241 b.€. onwards, tlie 31 country ones 
mentioned above and 4 town ones {Collina, Esquilina, 
Palatina, Suburrana). 

credo : ironical, ' I suppose ' ; Plancius belonged to the 
Teretine tribe ; Laterensis ought, according to the spirit of the 
law, to have nominated this tribe, because it was one of the 
tribes Plancius was said to have bribed ; cf. infra ad sententiam 
legis, Introd. § 6. 

fuit =fuisset : the indicative expressing the case vividly. 

26. venditorem : in § 45 the tribe is described as ven^Hs; 
Plancius first bought over the whole tribe and then sold their 
votes to Plotius, cf. § 54. This coitio was put down to Plancius, 
vide Introd. § 3. 

29. Voltiniam : sc. 'I snppose y ou nominated . . ' The 
Voltinian tribe, whose position in Latium is uncertain, sup- 
ported Plancius strongly. 
20 1. quid cum : sc. est, ' what has Plancius to do with . . ?' 

Lemonia tribus : so named from the district Lemonium 
outside the Porta Capena ; the Ufentina or Oufentina, from the 
river Ufens near Privernum, was founded in 318 b.c, Livy 9. 
20. 6. The territory of the ClustuminM trihus lay near the old 
Tuscan town Crustumerium,' Livy 2. 19. These tribes are 
frequently mentioned in inscriptions, e.g. C. Papirius C. F. 
Clu. Carbo = Caius Papirius Carbo, son of Caius, of the Clustu- 
mine tribe. 

2. Maeciam : the Maecian tribe resided near the Castrum 
Maecinm, not far from Lanuvium ; it was founded in 332 b.c. 
It was almost certain that Plancius would reject the Maecian 
tribe, because probably Laterensis belonged to it, and conse- 
quently would have such influence in it that to Plancius it 
would seem the most formidable of the four tribes nominated. 

5. ad suam spem : Laterensis felt confident that the tribes 
he nominated would condemn Plancius. 

9. quid enim potest etc, *for he can bring forward no 
reason which could invalidate our statement that this nomi- 
nation of tribes by the prosecutor is extremely harsh, if we 
are to set aside the motive which led us senators when we 
were discussing the proposed lex Licioiia,' 

§ 40 L 11. tu deligas, *you'll be choosing, I suppose?' 
deligas is an instance of t\iQ potential use of the Latin subjunctive 
put interrogatively. For the simple potential cf. Plautus Gurc. 
632 quaeratis clamudem * you'll be asking for my cloak next,' 


Cic. Catil. 2%\%tu agris . . tu argento . . ornatus sis ei dubites. 
aliquid de possessione dctrahere ; vide Madvig § 350 (398). 
14. notes, 'appoint.' 

17. effundas, * shower iipon me ' the names of the jury. For 
fundere and eompounds used of ' producing in abundance and 
spontaneously ' cf. de Or. 3 § 175 versus fundere, oracula fundere. 

18. ut : consecutive ; ante . . quam expresses the time, 
apud eos the place of this unfair treatment. 

20. quod . . constitutum est, 'a privilege which the 
ruling of the court allowed in the last case of a person tried on 
such a charge as this.' This person was P. Vatinius, who was 
accused under the lex Licinia in August, a month before the 
trial of Plancius. 

21. consilium = the body of advisers, not oflGicially em- 
panelled, who assisted the praetor in his decisions. 

§ 41 1. 22. non enim . . acerba est : the general sense is 
* the nomination of the jury by the prosecutor is a hard measure 
from any point of view.' Trans. 'for it does not follow that 
because Plancius has so ordered his life as to have never know- 
ingly offended any one, or because you have quite unwittingly 
appointed such men as jury that, though you would wish it 
otherwise, we appear before genuine jurymen not mere execu- 
tioners — that therefore this system of selection is not a hardship 
to the defendant.' 

For non enim si . . idcirco in sense of ' it does not follow ' 
etc. vide § 8 note. 

23. aut tu ita errasti : before tu supply si. 
ut ederes : consecutive after errasti. 

24. ut veniremus : consecutive after ederes. 

25. carnifices ^•«the jurymen, who might have been in^x- 
orabiles, inhumani, crudeles. 

XVII. 1. 27. an vero . . cives . . nos . . ? ' or shall it be 
said that . . (others did so) . . whilst he . . ? ' An interrogative 
sentence introduced by an or a7i vero, followed by another 
clause co-ordinated asyndetically, is often used to mark the 
antithesis, the difference between two propositions. This 
constitutes an argumentum ex contrario, which makes use of 
exemplum a minore, and is an enthymeme Kar i^oxn^- 

clarissimi . . non tulerunt : the text of the scholia in the 
explanation of this passage breaks olf at Ser ; this probably 
should be Servius, i.e. Servius Sulpicius, who in 63 b.c, accord- 
ing to Cic. jrro Mur. 23 § 46, proposed a system of iudices 


editicii by which 125 knights and trihuni aerarii were to be 
appointed as jurors by the accuser ; of these the accused might 
reject 75, This jury of 50 was to be increased by the addition 
of 25 senators, the method of whose election is unknown. 

29, referre, ' register ' ; sc. in iudicum alhum. 

21 §42. 1. 5. doceo, 'show,' 'demonstrate,' 'prove.' 

illud acerbum iudicium, ' that harsh method of conduct- 
ing the case,' governed by fecisses, and to be supplied with 

6. senatus . . populusque : with regard to the order of 
the words Moramsen Staatsrecht iii. p. 1255 states that under 
the Republic, when decree of the people and decree of the senate 
stood side by side, the former usually is placed first ; a reversal 
of this order, as here, is caused by considerations of the 
temporal sequence ; cf. CIL. vi. 1319 senatus consulto j)opulique 
iussu. Similarly Augustus in the Monumentum Ancyranum 
(3. 1) anticipates the election of his son by senate and people, 
because the senate first gave the order and the people then 
made their choice. 

7. observatas, ' canvassed '=quas ohservantia Plancius cole- 
hat et amicos retinebat ; cf. §§ 39, 45. observare is frequently 
joined with colere, and sometimes has the sense of respecting, 
revering ; cf. ad Fam. 9. 20 qui me quidem perofficiose et per- 
amanter observant. 

10. neque nunc multo secus existimo : i.e. ' since you 
have been unable to prove bribery, I think the result will 
be much the same, i.e, that my client will be acquitted' 

11. ignotis : unknown to Plancius, and also ignorant of the 
charge brought against him ; cf. in tenehris infra. 

14. Voltinia . . iudices : supposed to be spoken by Later- 
ensis to explain why he had not nominated these tribes as those 
from which the jury might be chosen. 

16, immo vero : a stronger form of immo=^na.j, rather,' 
ixh oSv. It has recently been suggested that immo was origin- 
ally a verb, compounded from in and mo, *inimo (cf. adimo, 
dirimo) = immo, with the meaning 'I take upon myself,' 'I 

17. tacitum : nullum tacitum testem haberet Laterensis si 
trihus illas edidisset ; quia nullus esset qui de Plancii innocentia 
non diceret testimonium Delph. 


18. excitares, 'summon to give evidence'; raore commonly 
simply citare, but cf. pro Rab. Post. § 48. 

20. suam : sc. Teretinam. 

quaesitor : a judge or president for the tirae being of a 
standing commission, quacstlo perpetua. From the time of 
Sulla (81 B.c.) to that of Caesar there were eight praetors who 
presided over the proceedings in the different courts during 
their year of ofiice. The question as to which court each was 
to preside over was decided by lot. If, as frequently hap- 
pened, eight courts were not sufficient for the transaction of all 
the cases, a suppleraentary quaesitor might be appointed to 
preside over an extra tribunal. Cf. Introd. § 5. 

25. sine uUa cupiditatis suspicione, 'without any sus- 
picion of party-spirit, party-interest ' ; cf. Verr. 11. 2 § 12 qiiae- 
stores vehementer istius cupidi. 

27. iudices : as jurymen, members of the panel which was 
called consilium. 

XYIII. § 44 1. 29. consilium, 'motive' ; but Cicero seems 
here to be playing on the double sense of the word. consilium 
*jury,* vide preceding note, and consilium 'motive,' 'in- 
22 2. tum : i.e. if you had nominated those tribes who were 
best acquainted with Plancius and his case. illorum are the 
members of those tribes. 

3. sequestrem, 'agent,' 'depositary,' who received money 
for distribution as bribes ; vide § 38 and Introd. § 16. 

respuerent aures : a strong mixed raetaphor which Cicero 
uses three tiraes elsewhere. Note the antitheses — respuerent 
aures )( audirent ; nemo agnoscerent )( nos non timide confi- 

4. gratiosum, ' influential ' ; used of social influence. 

7. suffragatio : properly 'voting for,' then 'support,' 'in- 
terest,' 'favour.' 

§ 45 1. 10. noster : i.e. the senatorial order, 
nostra modica liberalitate, 'a reasonable display of gener- 
osity on our side,' Cicero identifying himself with the average 
candidate for office. modica is serai-predicative. The Latins 
do not as a rule use meus, tuus, noster etc. with a substantive 
qualified by a mere epithetic adjective ; e.g. noster honus amicus 
is not found, although such expressions as mca carissima filia 
are, the reason being that the superlative conveys more tban 
the simple adjective, and is not a mere epithet. 


12. conflcere suam tribum, ' to gain tlie votes of their 
tribe ' for their friends. 

14. plena offlcii etc, 'for this is nothing more than 
courtesy, attention, and a custom of the good old times.' 

18. decuriatio etc. : vide Introd. § 16. These sections, 44-45, 
contaiu one of the strongest points in Cicero's defence. Later- 
ensis had undoubtedly not acted in accordance with the spirit 
of the law in bringing under the leges de sodaliciis a case which 
could only in reality belong to those de ambitu, and not nomi- 
nating for the jury the tribes which Plancius was supposed to 
have corrupted. 

23. tum mirabor : i. e. if you prove these points. 

armis : i. e. the iudices chosen from the tribes which were 
said to have been bribed by Plancius. 

25. non modo = non modo non, because the verb of the 
second clause is the common predicate of both clauses, de Off. 
3. 19. 77 talis vir non modo facere sed ne cogitare quidem 
quidquam audebit. 

illorum : i.e. trihulium iudicum. 

ista : decuriasse, conscripsisse etc. Plancium. 

§ 46 1. 27. rationem : in an objective sense, method of 
conducting oneself, principle. 

29. hos : i.e. jnrymen chosen from tribes who know nothing 
of Plancius. 

30. abs te : Lewis and Short state that this preposition has 
in Latin the foUowing forms, ap, af, ah {av), au-, d, a ; aps, ahs, 
as-. The oldest form is ap, which was often reduced to d, d ; it 
was also strengthened by the addition of -s (cf. ex, mox, vix). 
From the first this strengthened form aps was used only before 
the letters c, q, t, and was very soon changed into ahs (as ap 
into ah) : ahs chorago Plaut. Pers. 1. 3. 79, ahscondo, ahsque, 
ahstineo. The use of ahs was confined almost exclusively to the 
combination ahs te during the whole ante-classic period, and 
with Cicero till about 54 b.c. After that time Cicero evidently 
hesitates between ahs te and a te, but during the last five or six 
years of his life a te became predominant in all his writings, 
even in his letters. It was in September 54 that Cicero revised 
and copied out his pro Plancio, ad Q. Fr. 3. 1 orationes 
efflagitatas pro Scauro et pro Plan^io ahsolvi. 

23 XIX. 4. cupidos sui, 'many supporters who were men of 
social influence.' . 


6. sodales, ' members of an electioneering club ' ; vide 
Introd. § 16. 

7. quod tua dignitas postularit : i.e. your appointment 
as aedile. 

§ 47 1. 10. in operas : employments connected with the 
societates, or joint-stock companies of tax-farmers, of which 
Plancius the elder was a leading spirit ; cf. Introd. § 13. 

13. comprehenderit, ' secured the allegiance of,' 'laid 
under an obligation to himself.' 

18. haesitantem, 'making no progress with,' 'at a 

19. communem ambitus causam, 'the general charge 
of bribery.' Laterensis' charge of the special crime of soda- 
licia having failed, he resorts to a general charge of ambitus, of 
which in reality sodalicia formed a special kind. 

20. aliquando, 'as it is high time we did' ; cf. §§ 17, 33, 

si videtur, 'if you have no objection,' *if you please.' 

§ 48 1. 26. vera contentio, ' a fair comparison ' ; for verus 
in the sense * right,' 'just,' 'reasonable,' 'fair,' especially in 
the phrase verum est = aequum est, cf. Hor. Up. 1. 7. 98 metiri se 
quemque suo modulo ac pede verum est. 

27. pedem conferre, ut aiunt : as ut aiunt shows, the 
phrase pedem conferre is used in a transferred seuse, the 
metaphor being from a battle ; cf. Livy 6. 12. 13, 28. 2 etc. 
The proper meaning is ' to come to close quarters.' 

29. insto atque urgeo, ' press persistently,' a very fre- 
quent combination ; often without the atque, e.g. Plaut. Merc. 
725 non possum ita instas urges quasi pro noxio. Cf. note 

posco {*pork-sJco, *prk-sko, cf. Skt. prchdmi) = to demand 


in general, or unreasonably. deposcere, to demand pressingly ; 
postulare (diminutive form of posco) is weaker, to desire, claim 
if circumstances permit, incipit, postulare, poscere, minari ; 
also of legal claims, e.g. de repetundis postulare. flagitare 
(cf. fiagrare, (ppiyeiv, (piX^yeiv, flamma, flagitium), to demand 
passionately or violently. 

•24 1. quam tulerit : ferre trihum= ' to gain the votes of a 
tribe ' ; for ferre cf. ferre fructus, victoriam primas, suffragia, 
punctum (Hor. A. F. 343). 

4. si iam, ' supposing that. ' 


6. rationem redditurum, 'render an account of,' a 
inetaphor from book-keeping. 

XX. § 49 1. 8. comitiis superioribus : i. e. the elections, 
which in the consulship of Cn. Pompeius and Crassus (55 b.c.) 
were postponed owing to disturbances ; cf. Introd. § 2. 

10. consul : M. Lic. Crassus, who, as promoter of this very 
lex Licinia de sodaliciis, would be least likely to pass over any 
breach of his own law. 

11. harum leg\im = huiiis legiSy i.e. Liciniae ; cf. Verr. 1 
§ 109 leges Atiniae Furiae, ad Att. 2. 18 luliae. 

14. comparandi : here used absolutely, *for making pre- 

15. diribitae tabellae, 'the votes were sorted.' tabellae is 
not in the MSS. but is a conjecture of Wunder's. The ordinary 
procedure at a Roman election is thus described : — The tribes 
were summoned one by one {vocatae) along the pontes into the 
saepta, or enclosures, booths. Eaeh voter, being provided with 
a tablet (tahella), wrote the name of his candidate on it. The 
tablets were sorted (diribitae), the result announced (renuntiare) 
by a herald (praeco), and afterwards by the presiding magistrate. 

17. ain' tandem? 'indeed?' *what?' for ain = aisne cf. 
satin=satisn^, audin = audisn^. 

praerogativa, ' the century first called upon to vote ' ; this 
precedence was decided by lot, and the vote of the centuria or 
trihus praerogativa usually decided the election, as from super- 
stitious motives its example was followed usually by a majority 
of the other centuries or tribes, cf. de Div. 1. 45 praerogativam 
maiores omen iustorum comitiorum esse voluerunt. Cf. Livy 
24. 7, 27. 6, 5. 18, 10. 22, 26. 22. 

19. renuntiatus : the proper spelling, not renunciatus ; 
nuntius = *nou7itius = *noventius, possibly from an obsolete verb 
novere, to make new. 

consul prior, 'the first of the two consuls, ' 'the senior 
consul,' i.e. the one who obtained the greater number of votes, 
cf. adPis. % 2 me . . aedilem priorem, praetorem pri^num populus 
Bomanus faciebat, pro Mur. § 35 in praeturae petiiione prior 
renuntiatus est Servius. 

20. in illum annum : the current year. Th. Mommsen 
Staatsrecht iii. 398 note 1 suggests in alium annum, which is very 
plausible. Most MSS. resid prior before eam, in which case we 
must translate 'no one has as the first (of the two candidates) 
gained ' all the votes of the centuries without being appointed 

NOTES 101 

consul. Tlie argument is tliis : if the vote of the comitia 
prae7'ogativa has so nmch iniportance in the election of consuls, 
it is sniall wonder that Plancius gained immense assistance 
from it in liis election as curule aedile, when the whole comitia 
voted for him. 

23. praerogativa, ' were a favourable omen of his victory ' ; 
cf. ad Fam. 15. 5. 2 quod si triumphi praerogativam putas 
supplicationem, Livy 3. 51. 8. praerogativa is probably here 
a substantive. The comitia referred to are those begun in 55 
B.c, but adjourned probably because of an ohnuntiatio ex lege 
Aelia et Fufia, or owing to a case of morbus comitialis, epilepsy ; 
cf. Introd. § 2. 
25 § 50 1. 6. si tibi gravitas etc. : spoken with a touch of irony. 

8. desiderare : properly 'to miss,' ' feel the want of,' cf. 

Gk. TTodeLV. 

10. secundo : sc. loco, which Cicero usually adds ; cf. 
Goerenz on Cic. de Legg. 1. 13. 54. 

12. denique introduces a general statement to conclude 
Cicero's series of maxims, = ' specially. ' 

13. testimonium, ' token of their esteem. ' 
ambitioni, ' in return for canvassing.' 

XXI. § 51 1. 16. illud : properly speakiug superfluous, but 
inserted to improve the sense-rhythm. 

17. quereUa dolorque : hendiadys, 'despondentcomplaints, 
cf. § 76 lacrimas et fletum 'bitter tears,' § 93 memoria et gratia 
'grateful remembrance,' § 97 preces et vota 'earnest prayers.' 

illis sapientissimis viris : i. e. your father and your 

18. App. ClaudiusPulcer: sonofCaiusCl. Pulcer. During 
liis father's life he failed to obtain the aedileship. Elected, 
however, at a later date, he celebrated the Megalesia with great 
splendour, and allowed no slaves to take part in them (Cic. 
de har. resp. § 26). During the Marian troubles he attached 
himself to the Optimate party and was banished. Consul in 
79 B.c, he was afterwards governor of Macedonia, in which 
province he died. 

19. patre : this has been corrected by some editors tofratre. 

20. civi : ablative, but six lines below cive. Cicero most 
frequently uses civi, cf. classi, cuti, avi, canali, igni, hili, imhri, 
angui, orhi. 

23. L. Volcatius TuUus : consul in QQ b.c with M. 


Aemilius Lepidus, supported Cicero in his treatment of the 
Catilinarian conspirators ; cf. Catil. 1 § 15. 

Pisonem : vide note on § 12. 

ista : cf. supra ista, said contemptuously. 
26 2. Publius Cornelius Scipio Nasica Serapio : consul in 
138 B.c. with D. Junius Brutus, was instrumental in causing 
the murder of Tiberius Gracchus, and it is on this account that 
Cicero says he knew neminem fortiorem. Cicero describes him 
in B7'ut. § 108, de Off. 1 § 109 as omnibus in rebus vehemens and 
acer in dicendo, also nullam comitatem hdbuisse in dicendo. 
After Gracchus' death he was nominally banished by the senate 
to Pergamum {pro Fl. § 75), in the neighbourhood of which 
town he died. His nickname Serapio was given him because 
of his likeness to an Egyptian grazier of that name (Livy 
Ep. 55). 

4. C. Marius : vide § 20 note. 

duabus aedilitatibus : a rather strange extension of the 
abl. of manner, denoting the direction or respect in which the 
predicate is applied. 

5. L. Caesaris : i. e. L. Julius Caesar Strabo, consul in 90 
B.c. with Rutilius Lupus ; censor with Licinius Crassus in 89 
B.c. {pro Arch. § 11) ; put to death by Cinna and Fimbria after 
the outbreak of the civil war in 87 b.c. {de Or. 3 § 10). 

6. Cn. Octavius: Cn. f. Cn., consul in 87 b.c. with L. 
Cornelius Cinna. After Sulla's departure to take the command 
against Mithradates, Octavius was the leading representative 
of the Optimate party in their struggle against Marius and 
Cinna ; by his etforts Cinna was temporarily banished ; he 
soon, however, returned accompanied by Marius and his army 
in such force that Octavius saw resistance to be useless ; un- 
willing to leave Rome, although he knew that death awaited 
him, he proceeded in state, surrounded by his friends, to the 
Janiculum ; here Cinna and his soldiers threw him from his 
curule chair, cut off his head, and set it up on the rostra ; cf. 
Tusc. 5 § 55, Livy Ep. 80, Valer. Max. 1. 6. 10 for an account 
of this hellum Octavianum and the massacres which took place 
in it. 

M. Tullius : if, as is probable, Cicero is quoting his instances 
in chronological order, the person meant is M. Tullius Becula, 
consul in 81 b.c. (cf. de leg. agr. 11 § 35). 

§52 1. 9. benigne : i.e. because they would be saved the 
expenses entailed by the aedileship, especially the public games 
{munera), cf. § 13. 

NOTES 103 

10. L. Philippus, as tribune of the plebs (103 b.o.) and 
consul (93 B.c), showed himself a vigorous Optimate and an 
opponeut of Saturninus (100 B.c.) and M. Livius Drusus (91 b.c.) 
in his attempt at reform. He subsequently became an adherent 
of the Sullan party. As an orator he was very distinguished 
and is spoken of by Cicero in the highest terms {Brut. §§ 103, 
106, de Or. 3 § 4 etc.) For an anecdote about him and a 
praeco Volteius Menas vide Hor. Ep. 1. 7. 46 strenuus et fortis 
causisque Philippus agendis clarus etc. 

11. C. Caelius : the MSS. read Q. ; this editors have 
altered to C, and applied the reference to C. Caelius Caldus, 
consul in 94 b.c. and author of the lex tabellaria ; but, as 
Mommsen Staatsrecht i. 542 note 2 shows, his name was 
Coelius, not Caelius ; it seems more probable therefore that we 
should read Q. Aelius, i.e. Q. Aelius Paetus, consul in 217 b.c. 
Cases of the omission of the quaestorship in a political career 
are few, but cf. that of the elder Africanus, CIL. 1. 280. 

12. P. Rutilius Rufus : consul in 105 b.c. with Cn. Mallius 
Maximus. In 99 b.o. he accompanied L. Mucius Scaevola ^ow^. 
as legatus to Asia, where he protected the provincials against 
the oppression of the puhlicani ; the equites consequently on 
his return to Rome brought a false charge of embezzlement 
{repetundae) against him, in consequence of which he retired as 
an exile to Mytilene, and afterwards to Smyrna, where he spent 
the rest of his life in literary pursuits, especially the composition 
of a history of Rome in Greek ; cf. pro Rab. Post. § 27, pro Balh. 
§ 28, Brut. §§ 85, 113. 

C. Fimbria : vide note on § 12. 

13. C. Cassius Longinus : consul 96 b.c. with Dem. 

Cn. Aufidius Orestes : consul in 71 b.o. ; praetor urhanus 
in the year of Sulla's death, 78 b.c. 

18. cursum tenendum : a nautical metaphor for others, 
vide note on § 11 and cf. § 94. 

20. detractum dico? an instance of the rhetorical figure 
correctio or Trpo8i6pdu)(ns, closely allied to the traiectio in aliud 
with which Cicero says {de Or. 3 § 204) aliquid a te ipse reicias. 
The figure is often strengthened by immo vero, e.g. Catil. 1 § 2 
hic hene vivit. vivit ? immo vero etiam in senatum venit ; cf. pro 
Sest. § 110, ad Att. 9. 7. 

22. signiflcatum, 'indicates your worth,' i.e. the people 
wished to reserve him for some greater ofiice. 


XXII. 23. magntim quendam, * a very considerable sensa- 
tion.' quidam with an adjective often := ' quite, ' ' very,' ' greatly,' 
cf. Gk. 5?^ Tis : it is almost equal to a superlative ; cf. de Or. 
1 § 91 innumerabiles quosdam nominabat, Tusc. 2 § 11 te Natura 
excelsujn qioerndam . . genuit. 

motum petitionis = animorum motus qui ex petitione ortus 
est Kopke. 

24. ne aliquid iurares : the allusion is to the event narrated 
in Suetonius Caes. 20 ; in 59 B.c, during his consulship, Julius 
Caesar brought forward his lex lulia agraria de xxviris creandis 
ad campum Stellatem agrumque Camjmnum civibus dividendum, 
quibus terni pluresne liberi essent. The candidates for the 
tribunate for the ensuing year were pressed to swear to support 
the law. Plancius, however, refused to take this oath, and 
retired froni his candidature, thus incurring considerable odium, 
which Cicero implies had done harm to his recent canvass for 
the aedileship. 

25. de summa re publica, ' about the most important 
interests of the state,' cf. Catil. 1 § 14. 

§53 1. 28. quam ob rem : i.e. quia apertius denuntiasti. 
in disseiitiente populo = in dissensione populi. 

30, nunc = cum inx^autus fueris Kopke. 

loco demovere : a metaphor from wrestling, ' to dislodge 
you from your position.' Similarly de Off. 1 § 80 rfe gradu deici; 
de statu suo cleici, depelli ; vide Meissner Latin Phrase-book 
E.T. p. 152. 
27 3. an te illa ar^menta duxerunt? 'or possibly the 
following arguments have induced you ' to believe that a com- 
bination {coitio) took place ; before an suj^ply some such 
question as ' have my previous arguments induced you ? or . . ' 
illa= ' which foUow.' 

dubitatis etc. : spoken by Laterensis to the jury, * can you 
for a moment doubt that there has been coitio? why, it w^as 
in combination with Plotius that Plancius carried the votes of 
a majority of tribes.' The emphasis is on cum Plotio, as is 
shown by the answer un/i. Laterensis' first argument is this : 
the tribes who voted for Plancius voted for Plotius, and vice 
versa ; there must have been an agreement between the two 
candidates, otherwise there could not have been such perfect 
agreement in the voting ; and as a matter of fact, although 
Plancius had been certain of the votes of 10 tribes, he would 
not have necessarily been elected, nor would Plotius in like 
case. But as in the comitia aedilicia two names could be voted on, 

NOTES 106 

Plancius by liis coalition obtained tlie votes of 20 tribes, and 
thus both were elected. To this not very cogent argument Cicero 
gives a deliborately obscure and hardly serious answer, ' could 
they have been elected together if they had not together got 
the votes of the tribes?' cf. Bonino^ro Planeio p. 51. 

6. atnonnullas: Laterensis' second argument. at = atenim, 
Gk. dXXa V7] Aia, ' oh, but I shall be told ' ; the rhetorical 
figure known as Trp6\r]\f/Ls or occupatio, the anticipation of an 
adversary's argnment. Had Laterensis been able to show that 
in almost all of the tablets of one tribe the names of Plancius 
and Plotius appeared side by side, he would have had a proof 
of some weight ; bnt as inspection of the tablets was not allowed, 
he has to limit himself to arguing that such a coalition must 
have taken place, because in some tribes Plancius and Plotius 
appeared to have got about the same number of votes. This, 
however, might have chanced to happen without any coUusion 
on the part of the candidates. Cicero replies to this that the 
time-honoured principle of deciding by lot in election to the 
aedileship implies that the possibility of candidates being equal 
was contemplated. This is not really an answer to Laterensis' 
argument, but is intentionally obscure. Laterensis laid stress, 
not on the mere majority, but on the consideration that the 
majority was made up by the same tribes. This sortitio 
aedilicia was resorted to if there were several candidates, and 
more than two, or two provided they were not at the head of 
the poll, obtained an equal number of votes ; cf. the lex 
Malacitana § 56 (a body of enactments for the local manage- 
ment of the colony Malaca, now Malaga, in Spain) is qui ea 
comitia hahehit . . si duo pluresve totidem suffragia hahehunt et 
eiiusdem condicionis erunt, nomina eorum in sortem coicito et uti 
cuiiusque nomen sorti ductum erit ita eum priorem alis 
renuntiato ; cf. Mommsen Rom. Staatsr. iii. p. 413. 

8. venissent : i.e. to the second election. 

§ 54 1. 11. et ais etc. : Laterensis' third argument, 'andyou 
go on to say that at the first election Plotius and Pedius handed 
over to you the Aniensian tribe to which they belonged, whilst 
Plancius handed over the Teretine ; but that now both Plotins 
and Plancius ruthlessly withdrew those tribes in order that 
they might not get into difficulties (by surrendering to a rival 
votes which they needed themselves). Bnt it is absolutely 
inconsistent that these gentlemen (at the first election), bffore 
they knew wliat the wishes of the populace were, should have 
been as you allege even then in coalition, and should have 


deliberately sacrificed their own tribes in order to assist you 
and your party.' 

14. in angustum : an ambiguous expression of Laterensis', 
which Cicero ridicules below, angustias, restrictos. 

quam convenit : ironical, cf. de Or. 2 § 180 vide quam sim 
deus in isto genere. 

16. iactura: deliberate sacrifice ; properly 'a throwing 
overboard,' vide note on § 6. 

17. eosdem etc, 'whilst these same gentlemen, when they 
now knevv (from the first election) how strong they were, 
should have shown themselves so sparing and niggardly.' 

20. sed tamen : sed breaks off, ahd returns to the line of 
argument beguu in et ais. tamen explains, 'although you 
brought Plotius under the same charge, yet it was Plancius 
whom you brought to trial, who had not asked you to drop the 
charge (as probably Plotius had). ' 

21. eum = Plancius. 

22. adripere = in ius rapere * to bring to trial, but without 
sufiicient reason.' 

23. testes : i.e. witnesses who stated that their tribe, the 
Voltinian, had been bribed by Plancius. 

25. acceperint : i.e. from Plancius. Laterensis maintains 
that the majority in the Voltiuian tribe had not voted for him. 
The testimony, therefore, of this tribe is most valuable ; for the 
fact that they did not vote for him shows that he had not 
bribed them. Cicero, however, points out that their evidence 
is worthless, for the majority voted for Plancius, either because 
they were bribed by him, or because they wished unasked to 
support him, in which case it is not likely they will give 
evidence against their favourite uuless bribed by his rival 
Laterensis to do so. 
28 XXIII. §55 1. 2. caluit : calere = multis sermonihus pervul- 
gatum esse ' was a burning topic of conversation. ' 

in causa refrixit, ' now in the trial all interest in it has 
cooled down ' ; cf. Q. Fr. 3. 2. 3 Scaurus refrixerat ' no more 
interest was shown in Sc' 

4. eductus, 'brought before theconsuls,' the legal technical 

6. iactatum, ' ill-treated,' lit. jostled ; cf. § 17 iactor in ticrba. 

9. praeiudicii, ' record of a previous sentence,' not = Eng. 
'prejudice,' which is opinio praeiudicata. 

NOTES 107 

10. haec habes, *these are not the pleas you make use of,' 
* this is not your view of the conduct of the case. ' hahes is here 
used loosely, as Kopke shows ; it is to a certain extent parallel 
to in causa habere (cf. Rosc. Am. % 91 haheret in causa) = ' to 
have on one's side,' e.g. argumenta, but there is no doubt that 
in some vvay it picks up the preceding habebas 'consider.' 
Other editors take it as simply = sarg, which spoils the sense of 

13. fautores : sc. stmt=favent; words in -tor and -trix 
always denote those who do something habitually or for some 
permanent object. Thus of functionaries, dictator, quaestor ; 
of artisans, Jictor sculptor, institor retail dealer, mercator 
wholesale merchant, structor mason ; of people who are always 
showing some distinguishing quality or defect, calumniator, 
ratiocinator ; of those who have performed a feat so remarkable 
as to confer on them a durable characteristic, creator urbis 
(Romulus), servator Graeciae (Themistocles), Cimhrorum victor 
(Marius) ; cf. Meissner Latin Phrase-book p. 143 note. 

14. nimiuin retinens etc. : vide § 33 and Introd. § 13. 

§ 56 1. 20. more meo pristino : by a false assumption of 
modesty Cicero shirks the most difficult part of his task, the 
examining of the evidence, Schol. Vat. Cicero describes his 
usual method of dealing with evidence in Part. Or. § 49, where he 
states that an orator should begin by saying that the evidence 
is not to the point, then compare other cases and show instances 
where evidence has tumed out to be false, then blacken the 
character of the witness by every possible means and try and 
show that he has some motive for giving false evidence. 

21. non quo sit . . sed quia est : the subjunctive, 
according to Roby (§ 1744), is used of a reported or assumed 
reason, the indicative of the genuine or most probable reason ; 
cf. pugiles . . ingemiscunt . . non quod doleant . . sed quia . . 
omne corpus intenditur, Tusc. Disp. 2. 23 ; but occasionally 
post-Ciceronian writers have indicative with non quia of false 
reasons, Hor. Sat. 2. 2. 89 rancidum aprum antiqui laudahant, 
non quia nasus nullus erat sed credo hac menfe quod hospes . . 
commodius consumeret ; cf. Or. 2. 72, Lael. 2. 13, Hor. LJp. 1. 
10. 49. 

24. de me meriti : aUuding to his exile. 

25. ut eorum reprehensionem etc, 'so that you who are 
men of considerable insight ought to take upon yourselves the 
duty of criticising these witnesses (and weighing their evidence), 


and thus relieve me, who feel many scruples about it, from the 

vestrae prudentiae . . meae modestiae are datives = 
vohis prudentibus, mihi modesto. 

29 4. auditionibus, 'hearsay,' cf. Verr. 4 § 102 hoc solum 
auditione expetere coepit cum id ipse non vidisset ? 

§ 57 1. 6. iniqui : as a substantive cf. § 40 ; adjectives are 
used as substantives frequently in the plural of concrete things, 
and more frequently in the second than the third declension. 

multi multa : a favourite Latin collocation, cf. § 64 omnes 

12. manabit : properly of a stream flowing and spreading 
from a source ; metaph. of nomen, Tusc. 5 § 8 ; fama, Phil. 14 
§ 15 ; oratio, ad Att. 3. 12 ; rumor, Livy 2. 49. 

16. audivi : cf. Cicero's favourite phrase at the time of the 
Catilinarian couspiracy, comperi ; cf. ad Fam. 5. 5. 2 esse 
aliquid abs te profectum ex multis audivi. oiam comperisse me 
non audeo dicere ne forte id ipsum verbum ponam quod abs te 
aiuntfalso in me solere conferri. 

XXIV. § 58 L 17. L. Cassius Longinus was the subscriptor 
or junior counsel for the prosecution. Cicero throughout treats 
hini with considerable respect, vide Introd. § 4. 

18. luventium : probably Juventius Thalna, of the same 
gens as Laterensis, the first plebeian curule aedile, 365 b.c. ; cf. 
Livy 7. 1. Cassius may have mentioned this Juventius to 
show that his client Juventius Laterensis deserved the curule 
aedileship because one of his ancestors had been instrumental 
in opening that office to every Roman. 

19. tecum : i.e. with Laterensis. 

expostulavi, ' remonstrated with you about.' The regular 
construction of this verb in Cicero is expostulare cum aliquo 
aliquid (or aliquem, as here), or de aliqua re. 

23. Congo : most of the MSS. have Longino, but the SchoL 
Vat. has Conco. The person meant is probably Junius 
Congus, faraous as an antiquarian ; cf. Pliny H. N. praef. § 7. 

24, studio, 'assiduity,' 'diligence,' referring to persubtilis 
' M'ell thought out. ' 

30 3. pudore, 'kindly feeling,' 'honour,' referring to the 
respectful tone whicli Cassius had adopted towards his senior, 

6. humanitati, 'culture.' 

NOTES 109 

respondebo : i.e. becaiise your speech was noteworthy in 
style and tone ; the speech itself contained no arguments 
against Plancius which need refutation. 

7. aculei : used frequently in the plural of the 'stings,' i.e. 
cutting remarks, with wliich a speech is armed against an 

in me reprehendendo, * in criticising me for my defence of 
Plancius. ' 

8. non ingrati : i. e. because they were in good taste and 
always respectful. 

§ 59 1. 11. omnia malo : the construction follows the 
analogy of mlo and cuipio, cf. 'pro Cl. § 188 nihil aut . . quod 
illa non filio voluerit. 

16. aetas non est grandis : Cicero's son was in his twelfth 
year at the time. His father was anxious to take him to his 
Tusculan estate and begin his education in rhetoric, but was 
detained by business in Rome, ad Q. Fr. 3. 3 and 4. 

rex ille a love ortus : i.e, Atreus, who in the tragedy of 
Attius which bears his name addresses these words to his son. 
The quotation occurs in a fuller form in thepro Sest. § 102 — 
. . vigilandum est semper ; multae insidiae sunt bonis. 
id quod multi invideant multique expetant inscitiast 
postulare, nisi laborem summa cum cura ecferas. 

The lines are trochaic (Tpox^s, rp^xeiv, the running metre), 
septenarii. The scheme is — 

In the first six feet a tribrach, spondee, anapaest, or dactyl may 
be substituted for the trochee ; for the metre in Greek cf. Soph. 
0. T. 1524-fin. 

cD irdTpas Qri^rjs hoLKOi, \e6<X(T€T, OidlTrovs 6'5e. 
Cf. Plautus passim, e.g. Pseud. 265-393. 

21. poeta : L. Attius, born 170 b.c, died 94 b.c, author of 
thirty-seven tragedies, which had a great reputation among 
both his contemporaries and Romans of later times. 

illos regios pueros : Agamemnon and Menelaus. 

22. nusquam erant, 'never really existed' but were 

§ 60 1. 24. Cn. Scipionis : probably Cn. Cornelius Scipio 
Asina, who in 260 b.c. was consul with C. Duilius, and in 253 
triumphed de Poenis. 


26. hoc praestaret, 'he would be superior in this one 
point, he would be less envied, ' i. e. people would consider that 
he had been elected for his father's sake ; as it is they envy 
him, because though a mere knight he has obtained the 

28. gloriae : sc. gradus, ' the steps by which men attain 
fame ' cannot be trodden by all alike ; only such heroes as are 
just to be mentioned can reach them. The names that follow 
are all types of true Roman simplicity and old-fashioned virtue. 

XXV. M'. Curio : Manius Curius Dentatus, as tribune of 
the plebs, compelled the senate to recognise the consuls- 
elect as such without any respect of persons (patres auctores fieri 
coegit), when Appius Claudius as the first interrex illegally held 
the comitia and rejected a plebeian candidate ; cf, Brut. § 55. 
He was honoured by three triumphs, the most notable being 
that over Pyrrhus in 275 b. c. 

29. C. Fabricius Luscinus, as consul in the year 278 b.c, 
stirred the admiration of Pyrrhus by his incorruptibility, his 
honour, and his bravery. 

C. Duellius (less correctly Duilius, as it is connected with 
duellum = hellum, cf. Or. § 153) was the first Roman who was 
granted a triumph for a victory by sea, in this case gained over 
the Carthaginians at Mylae 260 b.c, and commemorated by 
the famous columna rostrata, a column in the Forum decorated 
with the rostra (beaks) of the captured ships. 

A. Atilius Regulus Calatinus (Calatinus = from Calatia 
in Campania) was consul in 258 b.c with Sulpicius Paterculus, 
and triumphed ex Sicilia de Poenis. In 249 he was dictator 
rerum gerendarum, the year in which App. Claudius lost his fleet 
at Drepanum. 
31 1. Cn. et P. Scipionibus : the two brothers are meant who 
in the second Punic war held the command in Spain, duo 
fulmina nostri imperii Cic. pro Balh. § 34, duo pi^opngnacula 
helli Punici qui Carthaginiensium adventum corporibus suis 
intercludendum putaverunt Cic. Parad. 1 § 12. 

Africano : Publius Cornelius Scipio Africanus major, the 
conqueror of Hannibal at Zama 202 b.c In 187 B.c he was 
maliciously impeached ex suspicione pecuniae captae ; as a result 
of this he retired into exile at Linternum, where he died ; cf. 
Cic. de Off. 2 § 75 for a laudatory description of his virtues. 

2. Marcello : Marcus Claudius Marcellus, consul in 222 b.c, 
conquered the Insubrian Gauls and the Germans, and near 
Clastidium gained the spolia opima by slaying the Gaulish 

NOTES 111 

leader Viridomarus. He was consul five times, conquered 
Hannibal at Nola, passed over to Sicily and captured Syracuse. 
He met his deatii iii an engagcment with Hannibal at Venusia 
in 208 B.C., the eleventh year of the second Punic war ; cf. 
Cic. de Div. 2 § 77, de Off. 1 § 61. 

Quintus Fabius Maximus Verrucanus Ovicula, like 
the preceding a distinguished general in tlie second Punic war, 
was consul five times, aiid triumphed over the Ligurians and 
Tarentines ; cf. Cic. Verr. 5 § 25, Brut. §§ 57, 72, 77, where 
a description of his oratorical powers is given. 

3. virtute, 'in attaining to true greatness,' ' genuine 

5. honorum populi flnis, ' the furthest step of the high 
offices which the people gives ' ; the gQm.iiwe populi is dependent 
on honorum, a construction quite rare in Augustan Latin, and 
apparently used only where the sense is quite clear ; for instances 
cf. ad Fam. 7. 13 causa intermissionis litterarum, Phil. 2 § 48, 
Livy 1. 38, Caes. B. G. 2. 17 ; cf. Madvig Lat. Gr. § 288. 

6. octingenti: from A.u.c. 245 (519 b.c.) to A.u.c. 700 (54 
B.C. ), the date of this speech, the total of years is 455. This 
gives 910 consuls apart from the consules suffecti, supposing that 
consuls had been elected every year. But in fifty-nine years for 
various reasons there were no consuls, the supreme power being 
usually held by trihuni militum consiUari potestate, or a dictator 
and magister equitum ; thus subtracting 118 consuls from 910 
we get 1^2=-octingentifere. 

8. sed returns after a digression to Cassius' demand, quaeris 
quid potuerit etc, thus constituting a form of the rhetorical 
figure revocatio. 

9. L. Brutus : the first consul (244 b.c.) 

13. sunt . . consecuti : sunt is here trajected out of its 
normal position in order to separate tlie appositional or^t from 
the subject of the sentence, and to avoid the ambiguity which 
would arise from the juxtaposition of the three adjective forms 
orti, innumerdbiles, alii. 

§ 61 1. 15. T. Didii et C. Marii : both 7iovi homines. Didius, 
consul in 98 b.c, triumphed ex Hispania de Celtiheris in 93. 
For C. Marius' triumphs over Jugurtha (104), Teutones and 
Cimbrians (101 B.c), vide §§ 26, 51. Cassius had asked ' can 
you show in Plancius' case military triumplis to justify his 
election as in the case of the nxivi homines Didius and Marius ? ' 


18. etnon: morecommorily ac?M)w= * and not much rather/ 
used to make a correction of a previous statement. 

21. hoc imperatore : hoc 8eiKTtK<2s, Q. Metellus Creticus 
(cf. §§ 11, 27, Introd. § 7) being present in court. 

23. in me custodiendum : cf. Introd. § 12. 
§ 62 1. 24. secundum : Plancius possesses neither the first 
advantage, to be disertus, nor the second, to think himself such. 

32 1. quasi : cf. § 61, to correct a false impression. 

hunc : Plancius. Cicero is here ridiculing Laterensis, who 
was well known to be leges ignorans, Caelius ap. ad Fam. 8. 8. 

3. professi sunt : i.e. ' those accomplishments,' is^ms moc^z 

7. frugi : originally a dative (cf. frugi bonae Plaut. Fseud. 
340), its meanings seem to have been ' for food ' -> ' for service ' 
->- 'usefur->- 'honest.' For a similar predicative dative cf. 
Plaut. Stich. 719 nulli rei erimus postea ' we shall be good for 
nothing' ; so probably the phrase solvendo esse, ad Att. 13. 16. 

8. tector : a plasterer or wliite-washer who works in stucco 
or fresco-painting ; we find them mentioned in inscriptions 
together with /abri. 

17. ut numeres, * although you count. ' 

19. civibus may be either dative or ablative ; cf. ad Fam. 
14. 4. 3 sed quid Tulliola mea fiet, Acad. 2 § 77 sapientiae vero 
quidfuturum est? 

XXVI. §63 1. 21. eum: i.e. Laterensis. 

nimis . . iracundum : because he had accused Plancius, 
not Plotius ; cf. §§ 17, 54. After iracundum most of the MSS. 
give putabis, which Wunder and most recent critics omit as a 
scholiasfs addition. 

in se : i.e. Plancius. 

22. facile patior : cf. preceding § Q1 facile patitur = ' I have 
no objection to.' 

33 4. enumeres, 'count^w^,' 'tothefull,' 'all.' 

5. Praeneste : on the high ground at the foot of which 
Palestrina now stands. Its high position rendered it important 
in early times as a fortress, in later times as a health resort ; cf. 
Hor. Od. 3. 4. 23. 

6. Cyrenis : Laterensis was quaestor there during Cicero's 
consulship (63 B.C.) 

7. ita goes with the whole sentence, * so true is it that . . . ' 

NOTES 113 

= adeo. It does not go with multa, for which Cicero would 
probably have written tot. 

§ 64 1. 10. quaestura : there were two quaestors in Sicily, 
one at Lilybaeum, the other at Syracuse. Cicero was quaestor 
at Lilybaeum in 75 b.c. under the praetor Sextus Peducaeus ; 
cf. Vcrr. 3 § 182, 5 § 35. 

11. maximis imperiis : i.e. the praetorship and consulship. 

12. multum gloriae . . ex laude : Cicero very frequently 
joins these two terms ; cf. Catil. 4 § 21 erit profedo inter horum 
laudes aliquid loci rwstrae gloriae, pro Lig. § 37 noli obsecro, 0. 
Caesar similem illi gloriae lavdem quam saepissime quaerere. 

ex quaesturae laude, 'my quaestor's duties which I per- 
formed so creditably.' 

18. numerum, 'quantity,' 'supply'; this use of numerus 
as equivalent to copia, vis, seems confined to things used for 
/ood ; cf. Fhil. 2 § 66 inaximus vini numerus fuit, de Off. 3 
§ 50 magnum frumenti numerum advexerit. 

19. mancipibus, ' the contractors,' ' tax - farmers ' ; the 
leading members of the joint-stock companies of the publicani. 

21. honores : details of these honores are wanting. Before 
leaving Lilybaeum he delivered a speech to the provincials, in 
which multa eis benigne promisit (Schoh in Div. p. 97), perhaps 
in return for their expressions of goodwill. 

§ 65 1. 23. casu : not a mere repetition of forte, but used 
with reference to the tiTne of Cicero's visit ; it happened to be 
just at the height of the season. Cicero had not intended to 
go to Puteoli, henceforte. 

24. itineris faciendi causa : i.e. in order to continue his 
journey by land to Rome. 

decedens, 'as I was leaving my province.' The use of the 
present participle active in the nominative si^igular is very 
limited in Augustan prose, and should as a rule be avoided in 
composition. The present participle in Latin is always used 
of action which is contemporaneous with that of the verb with 
which it is connected ; e.g. haec ambulans meditor ' I think of 
these subjects as I walk along.' It must usually be translated 
by *as,' 'whilst,' 'when'; cf. Bradley's Aids to Latin Prose 
pp. 94-97. 

Puteoli : now Puzzuoli, on the bay of Baiae, and near to 
the watering-place of that name. 

27. numquidnam esset novi : cf. the common salutation 

114 cicerCs oration for plancius 

nuTnquidnam novi? Orat. 2. § 13, ad Fam. 11. 27. 1 ; cf. Rosc. 
Am. § 107. 
34 XXVII. 3. unum ex iis : cf. de Or. 1. 24. 111 imus e toga- 
torum numero 'a mere citizen.' 

aquas, ' the baths ' at Puteoli, properly ' springs' ; cf. Aqvxie 
Sextiae, Aquxie Cumanae, Aquxie Aureliae ( = Baden - Baden). 
Cf. Aix. 

§ ^ 1. 5. haud scio an : lit. ' I don't know whether,' by 
degrees like nescio a7i= ' I'm inclined to think so ' = ' perhaps,' 
' probably. ' 

profuerit : the general sense is this, * I had hoped to gain 
such prestige at Rome by my quaestorship at Lilybaeum that 
ray ascent to the higher offices would be quite easy, and but for 
this incident 1 should probably have rested on my laurels and 
made no effort in canvassing. But my eyes were opened, I 
found that Rome cared little for provincial fame {aures hehetiores 
erant), and so did my best to make myself prominent in Rome, 
and not hope to gain everything by the fame I had won in my 
quaestorship abroad. ' 

10. habitavi in oculis etc. : for the usual methods of a 
canvass at Rome vide Introd. § 22. 

11. congressu meo, ' an interview with me.' 

12. occupatis temporibus, 'business hours' ; time occn- 
pied by any employment, either business in the limited sense 
or state cares. The exact opposite of this is otvum 'absolute 

13. otium . . otiosum : a common combination, cf. Enn. 
Fr. 3— 

otio qui nescit uti plus n^goti habet 
qitam qui est negotiosus in negotio. 
. . otioso in otio animus nescit quid velit. 

Cf. deOf. 3%1, pro Cael. § 1. 

16. feriis, 'holidays' ; cf. de Legg. 2 § 2^ feriarum festorum- 
que dierum ratio in liheris requietem hahet litium et iurgiorum. 
Cf. de Or. 3 § 85, where Cicero applies forenses feriae to the 
time when he is free from work in the law-courts. 

M. Catonis : M. Porcius Cato censorius, born 234 b.c. at 
Tusculum, served with success against Hannibal in the second 
Punic war, against Antiochus in 191 b.g. Distinguished 
throughout his public life, especially in his censorship 184 B.C., 
by his vigorous protests against the growing degeneracy and 
Hellenising fashions of the Rome of his day. The Origines 

NOTES 115 

is practically the first history written in Latin ; it embraces the 
history of Rome from its foundation to 150 b.c., cf. Cornelius 
Nepos Cat. 3 senex scrihere historias instituit quarum sunt libri 
septem ; cf. Justin. praef. 5 iit otii mei cuius et Cato reddendam 
operam putat apud te ratio constaret, Suet. Galha 9, Colum. rer. 
rust. 2. 22. 1, Symmach. ^p. 1. 1. clarorum virorum were 
the words with which the Origines actually began. Tacitus 
intentionally copies them at the beginning of his Agricola — 
clarorum virorum facta moresque. 

19. virorum . . otii . . rationem : for the dependent 
genitives vide supra honorum populi § 60. 

20. si quam habeo laudem, quae quanta sit nescio : 

cf. the beginning of the pro Archia, si quid est in me ingeni 
quod sentio quam sit exigioum. 

22. meaque prlvata consilia : as, for instance, in his 
suppression of the Catilinarian conspirators in 63 b.c, to 
which Cicero is alluding here. 

23. summa res publica, * the highest interests of the state,' 
cf. § 52. 

§ 67 1. 24. eadem via etc. : there is a touch of irony in 
Cicero's contrasting his own success, though a mere novus homo, 
with Laterensis' failure to obtain the aedileship, although 
backed up commendatione maiorum. 

25. via munita . . est : the ordinary phrase for laying 
down a road ; there is no idea of ' fortifying,' merely ' building,' 
cf. moenia. For the metaphorical use cf. pro Mur. 23. 48 haec 
omnia tihi accusandi viam muniebant, Verr. 2. 1. 25 § 64. 

26. ego . . istius : note the antithesis. 
huc: i.e. to fame. 

a me ortus, ' with no famous ancestry ' ; cf. Tusc. 4 § 2, c?e 
leg. agr. 2 § 1, for Cicero as auctor nohilitatis suae. 
35 2. sorte, 'because the lot bade him,' i.e. because he was 
appointed quaestor of Macedonia. 

lege, * at the law's demands, ' military service, in this case 
service as tribunus militum, being enjoined by law. 

necessitate, 'on unavoidable business,' i.e, to carry out 
the business of the societas which his father delegated to him. 

rebus iisdem : i. e. eloquence and knowledge of the law. 

3. nonnulli : a hit at Laterensis, fortasse implying that 
Laterensis' reputation for eloquence and legal knowledge was 
not well founded. 


adsiduitate, 'constant presence' in tlie local and literal 
sense, cf. adsldere ; liere specially of the constant attendance of 
candidates in the assemblies and public places, as recommended 
in Q. Cicero's 'Candidates' Handbook,' the depetitume conmlatits, 
ch. 11 desiderat nomenclationem hlanditiam adsiduitatem benig- 
nitatem etc. ; cf. pro Mur. § 21, Verr. 1 § 101. 

5. qua, 'by means of which.' 

minima invidia, 'with the least amount of jealousy,' an 
ablative of attendant circumstances (the old sociative case). 
The juxtaposition of the two ablatives qua and invidia not 
agreeing is awkward and not usual in Cicero. 

XXVIII. § 68 1. 7. nam : implying that one point is dis- 
posed of and the next is to be dealt with. 

11. meo nomine, 'on my account,' because he had be- 
friended me during my exile. n^men used here with an 
allusion to the use in mercantile language, ' debt, ' literally the 
name of the debtor entered in the creditor's ledger, tahulae 
accepti et impensi, then a bond, note etc. ; cf. Ascon. ad Cic. 
Verr. 2. 1. 10 § 28. 

13. conturbare : sc. rationes, used properly of a fraudulent 
bankrnpt who deliberately throws his accounts into confusion ; 
then simply to become bankrupt, just as decoquere, foro cedere, 
or solveTulo non esse. Trans. 'ought I to refuse to meet my 
obligations, or settle with all my other creditors in order as 
their claims become due, and discharge this pressing debt now 
when application is made for payment ? ' 

14. hoc nomen, quod urget, 'this pressing debt.' 
dissolvere nomen, 'to discharge the debt,' properly to 

annu], abolish. 

15. quamquam : a mere rhetorical particle used adverbially, 
'yet,' 'however,' making a slight correction ; cf. Verg. Aen. 
5.195 quaynquam o ! sed superent etc. 

dissimilis etc. : Cicero's meaning is that in paying a money 
debt the debtor parts with what he repays, but a man who 
repays a debt of gratitude still retains the feeling, and by re- 
taining the gratitude repays the debt. The relations of a debt 
of money and a debt of gratitude are inverse. For a similar 
play on words vide de Off. 2 § 69. For a criticism of the whole 
sentiment, which is probably drawn from a rhetorical common- 
place book, cf. Antonius Julianus (a late rhetorician of uncertain 
date) in Aul. Gell. N. H. 1. 4. He shows that debere pecuniam 
and habere gratiam do not exactly correspond ; this correspond- 

NOTES 117 

ence would have been clearer if Cicero had written pectmiam 
alteri dehitam hahere et gratiam Tmhere, so that the sarae word 
hahere might occnir on either side of the comparison. The 
statement is interesting, as showing the extent to which verbal 
criticism was carried by the rhetoricians. 

21. voluntate ipsa, *and I should equally repay it by my 
good feelings alone if this unpleasant juncture had not occurred.' 
Iioc molestiae is the accusation of Plancins which gives Cicero 
an opportunity of showing his gratitude not merely by his good 
feelings but by personal service ; cf. supra hoc nomen, quod urget. 

36 § 69 1. 6. meminisse = to have something always present in 
the memor j = memoria tenere, ^ejxvriaOai : recordari = to cause 
one's mind to recall something it has forgotten, then to lay to 
heart ; thus memoria is merely the remembering something 
which has previously occurred by the agency of mens et cogitatio, 
whilst recordatio is the recalling to mind of something cum 
animo et affectu ; cf Seyffert-Miiller Lael. p. 555. recordari in 
Cicero regularly takes the accusative (there are only two 
passages where the gen. is found) or de, the latter especially of 

7. Opimium damnatum etc. : Cassius had stated that 
even greater men have been condemned in spite of their services 
to the state and their influential friends, and blamed Cicero for 
his exertions on Plancius' behalf ; Cicero shows that their friends 
did their best for them, and he is prepared to follow their 

Opimius, consul 121 b.c, was instrumental in suppressing 
the rising of C. Gracchus. In 120 b.c. he was accused by Didius 
of having put Roman citizens to death without trial, and in 
spite of the defence of the consul Papirius Carbo was banished. 
He died in exile at Dyrrhachium. 

8. Q. Calidius : trihunus pleheius 99 b.c. After serving as 
propraetor in Spain in 78 b.c. he was accused of extortion {de 
repetundis). The fact tliat twenty years before he had obtained 
the recall of Q. Metellus was of no avail and he was condemned. 
Knowing that the iudices had been bribed by his political 
opponents, he said vel idoneam mercedem pro meo capite pacisci 
dehuistis, Ferr. act. pr. § 38. 

Q. Metellus Numidicus, consul with M. Junius Silanus in 
109 B.c, fought successfully against Jugurtha and surrendered 
his command very unwillingly to Marius, Sall. Jug. 82. In 
100 B.c, when Saturninus passed his agrarian law, to the 
provisions of which every senator was to swear obedience within 


five days, Metellus refused, and rather than cause a disturbance 
went into voluntary exile at Rhodes {pro Pl. §§ 36, 88). He 
was recalled in 99 b. c. by the lex Calidia, to which very little 
opposition was made. 

10. suo nomine : i.e. servator rei publicae, vide supra. 
Cassius seems to have said ' Opimius saved the state and yet was 
condemned, Calidius restored the great Metellus to Rome and 
yet was condemned, Plancius restored Cicero — surely he should 
be condemned too.' 

XXIX. 12. Q. Metellus Pius, son of Metellus Numidicus, 
was praetor in 87 b.c. and distinguished himself by his services 
in the Social war ; was instrumental in procuring the election of 
Calidius to the praetorship. As proconsul in Spain he conducted 
the war against Sertorius for eight years and was awarded a 
triumph at its close in 72, so that at the time of Calidius' 
impeachment he must have been absent from Rome ; cf. infra 
si Romae esse potuisset. 

14. supplicasse : i.e. that the Roman people should elect 
Calidius to the praetorship. 

cum quidem, 'and what is more, on that occasion . .' 

15. illum : Calidius. 

§70 1. 16. quo loco, 'and whilst we are on this topic'; 
locus here almost in the rhetorical sense, cf. t^ttos. 

19. nam is elliptical, * I do not mention Opimius' case in the 
same category, for . . '; cf. §§ 21, 38. 

23. illi iudices : the jury were at this time chosen from the 
senate ; Cicero here, as in Verr. act. pr. § 38, implies that had 
they been chosen from the equites such a shameful verdict 
would never have been given. 

et non, ' and not much rather ' ; ac non is used similarly in 
the formula of correctio ; cf. §§ 61, 71, de Off. 1 § 5. 

parricidae, 'sacrilegiouswretches,' 'traitors'; used similarly 
of Catiline's associates, Sall. Cat. 51. 25, of Antony's adherents, 
Planc. ap. Cic. Fam. 10. 23 etc. The history of the word is un- 
certain ; itmsij=patricida = quipatrem caedit, but Th. Mommsen 
Eom. Staatsr. ii. p. 541 connected the first part of the word with 
perperam, periurium etc. ; it would thus = ' a murderer of the 
worst kind ' and to be visited with the worst penalties ; this 
would agree with its earliest use in the law si qui hominem 
liherum dolo sciens morti duit paricidas exto ; cf. Osenbrtiggen- 
Wirz on ^ro Mil. § 17. 

26. finitimo bello : in 123 b.c. he captured the Volscian town 

NOTES 119 

Fregellae, which had revolted in consequence of the senate's 
refusal to grant the franchise to the Italians ; cf. in Pis. § 95 
with Asconius' note. 

domestico bello, * civil. war,' i.e. by bringing about the 
murder of Caius Gracchus in 121 b.c. 

§ 71 1. 27. at enim, 'oh, but I shall be told . .' = d\XA v^ 
Afa, used to introduce a possible objection of an opponent in 
order to rebut it ; the rhetorical figure known as occupatio or 
irpb\7)\l/is. enim here as in older Latin is an asseverative 
strengthening particle = ' indeed ' ; in Plautus it never means 
* for ' and in Terence it only occasionally has that signification. 
Tiam has a similar history and is connected in form with enim ; 
cf. eheu, lieu ; ehem, hem ; so enim, nam ; cf. Langen Plaut. 
Beitrage p. 262. 

28. quasi vero : used to refute a statement ironically, cf. de 
Or. 2 § 232, ad Q. Fr. 1. 1. 

30. quod istius . . an quia : spoken by Cassius. 

37 1. iugulari : i.e. he protected Cicero in Macedonia from the 
possibility of assassination at the hands of Catiline's associates, 
who were at the time scattered throughout Greece ; cf. § 98. 
On the whole question of Plancius' services to Cicero vide 
Introd. § 13. 

4. posuit, 'asserted as true '=joro certo ponere Livy 10. 9 ; 
cf. Biv. in Q. C. § 16, ad Fam. 1. 9. 21. 

8. fuisse . . famae . . ferrum in foro flammam : note 
the alliteration. 

9. toto illo anno : 58 b.c, when Clodius was plebeian tribune. 

10. nisi forte : ironical, cf. m\}XdL quasi vero ; used here to 
introduce the figure known as aira^yur/y) eis dToirov or reductio ad 
absurdum, cf. Introd. § 34. 

13. excordem, 'foolish,' 'senseless.' cor in this compound 
has its original meaning of intelligence, wits, cf. Ennius Ann. 
335 egregie cordatus homo catus Aelius Sextus ; cf. corde conspicio 
Tneo Plaut. Pseud. 773 ; so corde sapere Plaut. passim. 

his : i.e. the jurymen, 5etKTi/cws. 

curia : i.e. the Curia Hostilia, the most ancient and revered 
meeting-place of the senators, always looked upon as symbolical 
of the greatness and inviolability of Rome ; cf. Hor. Carm. 3. 
5. 7 proh Curia inversique mores. 

15. is homo, 'being as you are . . ,' i.e. as pictured in § 58 
omni et humanitate et virtute ornxitus adulescens etc. 


17. molestia: so the better MSS. T and E. The codices 
deteriores read modestia, which must be taken ironically, ' for- 

XXX. § 72 1. 18. minus . . vehementer ^ double chias- 
20. nec considerate minus |-nius which in- 
nec minus amice J creases the 

symmetry of the period. 

21. illud, ' that statement of y ours. ' 

22. temporis causa, 'to suit the particular occasion,' cf. 
§ 74 ac? tempus. 

scilicet = sa, licet, 'know, you may do so' ; thus in general 
sense the same as scire licet, which the Romans themselves 
imagined to be the full form of it. Here used to introduce an 
ironical statement, cf. videlicet {vide, licet) below. Trans. 
' I suppose you would have us believe that I, a man with all my 
wits about me, invented reasons for seeming to be under the 
greatest obligations to another for services rendered, whereas 
really I was absolutely free from such. How then ? Had I, to 
induce me to undertake Plancius' defence, too few, too unreal 
obligations of close intimacy, of neighbourliness, of hereditary 
friendship ? ' 
38 1. vererer, ' I ought to have felt apprehensive, oughtn't I ?' 
For the jussive subjunctive {vererer=vereri debebam), which is 
not uncommon in old or colloquial Latin and poetry, cf. Plaut. 
Psevd. 287 si amabas invenires mutuam, Men. 193, Poen. 524, 
Bacch. 421, Trin. 133, Ter. Heaut. 532, Andr. 793 (imperfeets), 
Cic. 2 Verr. 3. 84. 195 frumentum ne emisses, Verg. Aen. 8. 
643 at tu dictis Albane maneres, 4. 678 vocasses, 10, 854 dedissem, 
2. 162 dedissem, Lucan. 7. 646 et bella dedisses, Cic. ad Att. 
2. 1 % S ne poposcisses. 

4. mihi debere : i.e. because Cicero was defending him. 

6, coronam civicam : this was the crown of oak or ilex 
leaves given by one citizen to another for having rescued him 
from the thick of the fight. The heads of Augustus and Galba 
are crowned with it on several coins ; still more frequently we 
see it on the reverses of imperial coins with the motto ob cives 
servatos. According to Aul. Gell. iV. A. 5. 61 the censor L. 
Gellius had proposed to give Cicero a civic crown for his 
suppression of the Catilinarian conspiracy in 63 b.C. 

7. non quo sit . . sed reformidant : the subjunctive of 
the reported or assumed reason, the indicative of the direct 
statement of the writer's opinion ; cf. Tusc. Disp. 2. 23 pugiles 
. . ingemiscunt non quod doleant . . sed quia . . omne corpus 

NOTES 121 

intenditur, Or. 2. 72, Lael. 2. 13, Hor. Up. 1. 10. 49 ; vide § 56 

protectum : in Cicero always literally, e.g. scuto, vinea. 
The metapliorical use for tu/^ri does not occur except in later 
writers ; cf. pro Sulla § 50. 

§ 73 1. 14. hoc : i.e. that most men shrink from incurring 
unnecessary obligations. 

15. cum, 'being as you are an intimate friend of mine.' 

periculum vitae etc. : for Laterensis' sympathy with Cicero's 
misfortunes cf. §§ 2, 5, 86. 

17. luctu atque discessu : hendiadys, the second term, as 
frequently in Cicero, giving an explanation of the first ; so 
clamores et admirationes, natura pudorque, cf. §§ 51, 77. 

20. te mihi remittere etc, 'in everything you said to me 
you always showed that you willingly gave me permission to 
exert all my influence in advancing Plancius' candidature, 
because, as you said, his services to me gave yo^i pleasure too. ' 
Laterensis had evidently been so confident of his election that 
he had said he had no objection to Cicero's exerting himself on 
Plancius' behalf. According to § 54 a coitio had existed between 
Plancius and Laterensis before the first elections. 

§ 74 1. 24. temporis causa, ' to suit the occasion ' ; cf. Acad. 
2 § 113, Tusc. Disp. 4 § 8 ; similarly ex tempore is used, Tusc. 
Disp. 5 § 88. 

oratio : there is a speech usually included in Cicero's 
writings, Post reditum in senatu (Teuflel Rom. Lit. p. 274 calls 
it * undoubtedly genuine '), in § 35 of which the writer talks of 
Gn. Plancius qui custos capitisfuit . . qui totam quuesturam in 
me sustentando et conservando collocavit. 

29. duces et quasi signiferi : for the metaphor cf. pro Mur. 
§ 50, pro Sulla § 34, ad Att. 2. 1. 7 etc. 
39 1. dicta de scripto, 'spoken from manuscript' ; the occa- 
sion was too important for an extempore speech. Cicero also 
wishes to show that he had not added the passage to the speech 
afterwards to suit the present occasion. 

in qua etc. : ironical, ' in which speech you would have it 
that I was clever enough to devote myself to a man to whom I 
owed no special service, and by a lasting acknowledgment 
strengthened my obligation of thanks for so great a service.' 

6. eo genere litterarum : Cicero alludes to his poem de 
Consulatu meo and its sequel de Temporibus meis, the latter in 
three books ; cf. ad Fam. 1. 9. 23. The Schol. Vat. remarks 


that Cicero would have dohe wisely to omit this allusion 
to his verses, qime mihi videntur opera minus digna talis viri 

7. esse videatur : on the rhythm of the ending vide § 4. 

XXXI. § 75 1. 8. clamitas, ' you keep shrieking out,' a hit 
at Laterensis' delivery ; cf. Brut. § 182, where the clamator is 
opposed to the orator. 

quo usque ista dicis ? ' how long are you going to go on 
talking in that strain?' i.e. trying to move the feelings of the 
jurymen by enumerating the kindnesses you had received at 
the hands of the accused. dicis in a semi-future sense used to 
add vividness. The words are the words of Laterensis, and 
spoken with indignation. 

9. M. Cispius was plebeian tribune in 57 b.c. when Cicero 
was restored from exile. He exerted himself on Cicero's behalf, 
and as a result was maltreated by Clodius' hired ruffians. He 
was also accused by his political opponents of amhitus, and, in 
spite of Cicero's pathetic defence of him, was convicted. 

obsoletae, 'used up,' 'out of date,' 'useless'; the MS. 
reading is absolutae, of which Graevius said pathetically quid sit 
preces absolvere plane ignoro. 

10. obicies, 'will you bring up Cispius' trial against me — 
Cispius whose services to me I first was made aware of by your 
testimony, and whom I defended on your recommendation too ? 
And will you taunt me with your "how much longer?" — me 
whose efForts on Cispius' behalf you admit were quite unsuc- 
cessful ? ' 

15. invidia, 'invidious meaning,' 'malicious import.' The 
two meanings are (1) what Laterensis really meant, 'how long 
will you go on with your pathetic and tearful defences, seeing 
that it does your clients no good ? You had much better stop ' ; 
(2) what Cicero makes out to have been Laterensis' meaning, 
* we are tired of your tearful speeches ; we have been induced 
by them on several occasions to pardon defendants for your 
sake, but we can't put up with them any longer.' This remark 
Cicero shows is unreasonable. It could only apply if it were 
true that his pathetic speeches had procured acquittal for his 
clients ; but, as Laterensis himself has said, in the case of 
Cispius this was not so. 

datus est ille, * one man has been surrendered to you ' ; for 
the prosopopoeia cf. § 12. 

condonatus est ille, ' another has been pardoned out of 
respect for you, for your prayers. ' 

NOTES 123 

16. quidem, 'but' ; cf. pro ScsL §§ 15, 16, Verr. 2. 4 § 72. 

17. quod pro uno etc. : the antecedent of quod is id ; quod, 
an internal semi-cognate accusative after laborarit ; uno is 
masculine. *To say to a man who, after exerting himself on 
one particular individuaFs behalf, has failed entirely to gain his 
object . .' 

19. nisi forte : ironical, vide § 71 n. 

his . . hos : the jury. 

§ 76 1. 23. lacrimulam : used ironically of forced tears, 
* crocodile's tears,' krokodilsthrane, lagrime di coccodrillo. Late- 
rensis had scoffed at Cicero's pathetic perorations, of which he 
was so proud, vide Orat. cc. 37, 38, and for which Quintilian 
criticises him. Cicero replies to Laterensis that his tears were 
genuine, not due to mere rhetorical artifice. 

24. verbi, *your expression.' Cicero objects, firstly, because 
they were not 'little tears,' secondly, because the diminutive 
was not part of the vocabulary of ordinary life. 
40 1. an ego . . non signiflcarem : questions with an must 
be regarded as the second clause of a double question, the first 
clause being suppressed, vide § 53. 

5. huius qui : i. e. Cispius. 

XXXIL § 77 1. 11. L. Racilius was plebeian tribune in 57 B.c. 
with Plancius, entering on his office lOth December of that year. 
In 56 B.c. he exerted himself in the interests of Cicero and the 
senatorial party against Clodius, who, when accused by Milo de 
vi, became a candidate for the aedileship of 56 b.c. in order to 
make himself sacrosanct and avoid the charge. The matter 
was discussed in the senate and promised to be decided against 
Clodius, against whom both Kacilius and Cicero spoke in 
denunciatory terms. Clodius' hired ruffians thereupon raised 
such a tumult that the senate broke up in confusion. Late- 
rensis had mentioned Racilius in order to depreciate the services 
of Plancius, who certainly during his tribnnate had not exerted 
hiraself so strenuously on Cicero's behalf as Racilius ; although 
Cicero ad Q. Fr. 2. 1 says Plancius totus noster est, having 
previously remarked de tribunis plebis longe optimum Racilium 
hahemus. Cf. ad Q. Fr. 2. 6. 

14. prae me feram : the two best MSS. T and E read prae- 
feram; all other codices read prae me feram, which is prefer- 
able, diS praeferre is found only with a substantive as object. 

15. contentiones . . inimicitias . . vitae dimicationes : 
an instance of the rhetorical figure climax {KXifm^, lit. 'a 
ladder '). 


17. atque utinam etc, 'I only wish that the Roman 
people had been allowed by the turbulent violence of certain 
individuals to make a return for his services to me which would 
be in proportion to the gratitude I feel to him for them.' 
limisset with populo Eomano ; ego antithetical iopopulo Romano; 
licuisset per as in per me licet etc, 'as far as I am concerned 
you may,' ' 1*11 not prevent you.' Historical allusion uncertain, 
probably to some candidature of Racilius, possibly in 55 b.c, 
which was unsuccessful owing to some riot at election time. 

19. eadem contendit, ' exerted himself as strenuously in 
my favour,' i.e. as Racilius did. 

21. sed me etc, 'but that I felt that I ought to be satis- 
fied with Racilius' services to me ' ; i. e. Racilius in his tribunate 
had done me such service that I felt I could not reasonably ask 
him to do more for me afterwards ; he had done everything one 
friend could expect from another. 

§ 78 1. 23. mea causa . . facturos, ' espouse my cause ' ; 
lit. ' act for my sake. ' 

quod . . crimineris, 'you reproach me with being grate- 
ful,' i.e. say that I need not be so grateful to Plancius. 
41 1. in monimento Marii : i.e. in the temple o{ Honos and 
Virtus, which was erected by Marius from the booty acquired 
in the Cimbrian war. Here it was that the senate met to 
debate on Cicero's recall, cf, pro Sest. 116 ; the senatus consultum 
is quoted in the same speech, § 128. 

2. uni Cn. Plancio : certainly not by name. The decree 
thanked all the magistrates, consequently Plancius, who was 
one of them, and the only one of them who had interested 
himself on Cicero's behalf. 

6. atque haec cum vides etc : the sense is 'when you 
see how grateful I am to Plancius, who you say had done me no 
service, how grateful must I be to you, Laterensis, who have 
undoubtedly been a true friend of mine ? ' 

9. defugerem seeras to suit Cicero's meaning better than 
defugerim, which is the reading of the best MSS. 

11. abhorret a virtute, 'wretched is a word incompatible 
with manly virtue.' Book v. of the Tusculan Disputations is 
devoted to the axiom virtutem ad beate vivendum se ipsa esse 
contentam; cf. Paradoxa 2 § 19. The Stoics especially held 
that a man possessed of virtus — a combination of manliness and 
righteousness — could not be miser. 

12. exercitus, 'worried,' 'harassed' ; cf. pro Mil. § 5 quid 
n^his duohus . . magis exercitum. 

NOTES 125 

leve . . onus : oxymoron. 

13. onus beneflcii, *the obligation imposed by a service 
received.' In tlie MSS. these words are followed by gratia, 
which probably crept in from some gloss. 

concurrunt, 'meet,' 'clash,' each party in the quarrels 
applying to Cicero for sympathy. 

14. propterea: M&^. propter ; other conjectures propriae, 
conturbor propter, permuUorum etc. 

§ 79 1. 19. cuiusque tempus, 'each one's circumstances.' 
XXXIII. agitur, 'youhave at stake the fulfilment or non- 
fiilfilment of your desires (to triumph over Plancius), or if you 
will have it so, something more, your reputation and the credit 
you might gain from the aedileship . .' 

23. dispari : because the loss of the suit would bring exile 
to Plancius, whilst to Laterensis it meant only frustration of 
his wishes {studium). 

24. me dius : sc. adiuvet, vide § 9 n. 

25. abiecero differs from ahiciam only in expressing the 
action as more sudden ; cf. Plautus passim. 

42 § 80 I. 2. merentes . . meminerunt . . meritam . . 
memori mente : alliteration and paronomasia. 

§ 81 1. 8. educatores, ' those who brought him up, ' ' his 
foster-fathers,' cf. de Nat. Deor. 2 § 86. 

11. cuius opes, 'who can possess, who ever did possess, 
such resources as to be able to stand without the good services 
of numberless friends — services which assuredly can never come 
into existence if you are to do away with memory and gratitude?' 

14. tam proprium hominis, 'so characteristic of true 
humanity as the bond which is knit not merely by good service 
given but by goodwill intimated.' 

17. committere : lit. to allow a thing to happen, here 'to 
allow oneself to appear . . outdone by the magnitude of the 

§82 I. 19. crimini, 'your charge' that I show gratitude, 
' and that I in that very habit ' of showing gratitude * have 
been intemperate.' 

21. eum : i.e. me, Cicero. 

22. beneflcio: i.e. the acquittal of Plancius. 
qui : Laterensis. 

23. dicat : why subjunctive ? Amixtureof twoconstructions, 


'syntactical contamination.' The writer might say (1) quod 
gratum . . esse dicit, an ordinary causal sentence ; (2) qicod 
nimium gratus sit, virtually suboblique. The two expressions 
are contaminated, with as result the sentence in the text ; cf. 
Cicero's literas quas misisse diceret recitavit from (1) quas 
misisse dicebat, (2) quas misisset ; cf. Verr. 3 § 134, cle Off. 1. 
13. 40, Verr. 2 §§ 36, 113, de Fin. 1. 7. 24, Briit. § 276 etc. 
This principle of syntactical contamination — 'the process by 
which two synonymous forms of expression force themselves 
simultaneously into consciousness so that neither of the two 
makes its influence felt simply and purely ; a new form arises 
in which elements of the one mingle with elements of the other ' 
— is of very wide influence in every language, cf. Plato roSe, ws 
oXfiaL, avayKaioTaTov elvai, Shakespeare Romeo and Juliet i. 5. 
133 'marry, that, I think, be young Petruchio.' Similarly das 
gehort inein, from gehort mir and ist mein, ' I am friends with 
him, ' from ' I am friendly ' and ' we are friends ' ; poenarumsolvendi 
tempus Lucr., from poenas solvendi and poenarum solvendarum 
etc. etc. Cf. on the whole subject Paul Principles of Language 
(trans. Strong) ch. viii. pp. 160-173, Drager H. S. § 537, G. 
Middleton Syntactical Contamination. 

24. neque enim introduces an example, 'for, to give an 

25. nec nocentes etc. : Laterensis had said ' Cicero only 
shows thanks to those who need his aid in the law-courts ; the 
only people who need such aid are 7iocentes or litigiosi : so you 
gentlemen of the jury can neglect Cicero's thanks as you are 
not nocentes or litigiosi, and so will never give him the 
opportunity of showing thanks.' 

26. quasi vero : as in §§ 61, 62, to introduce a reductio ad 

43 XXXIV. § 83 1. 4. sed = 5' odv, 'be that as it may,' marks 

revocatio ex degressione. 

nescio quo modo frequenter, 'most astonishingly (not 
to say needlessly) often. ' 

5. aajxe = valde. 

creber, ' and have always returned to this topic ' ; cf. ad Att. 
1. 19. 1 m scrihendo crebrior, so frequ^ns, multu^, totus esse in 
aliqua re. 

in ludos etc. : the exact point of Cicero's ironical reply is 
uncertain. The prosecution and defence of Plancius took place 
during the Ludi Romani, 4th-20th September, in fact on 
5th September. Cicero in defending certain aediles on a 

NOTES 127 

previous occasion during the games made capital out of the 
religious ceremonies, especially the processions of state-cars with 
the statues of gods on them, to stir up sympathy for his clients 
by appeals to these divinities, or perhaps pointing out that it 
was to the aediles that the public were indebted for this glorious 
pageant ; Laterensis in bitter irony had said that he had done 
his best to prevent the trial coming on during the Ludi ; Cicero 
answers irony with irony that certainly the trial was taking 
place during their celebration, but they were useless to him, as 
Laterensis had betrayed his oratorical device and he could not 
novv make any allusion to the gods in the procession ' sine tensis 
quid potero dicere ? ' A recent scholar (G. Rauschen) is, however, 
of opinion that the Planciana was delivered before the pro 
Scauro, i.e. before 2nd September 54 ; but this seems unlikely. 

7. tensis {drjaar} Plut. Cor. 25) : the procession-cars inlaid 
with silver and ivory on which the statues of the gods were 
borne from the Forum to the Circus Maximus. 

8. nonnihil egisti, 'you have been to a certain extent 
successful,' 'you scored a point,' the opposite of the phrase 
nihil agere of lost labour. 

12. mea lege : i.e. the lex Tullia de amhitu, by which 
illegal canvassing was to be punished by ten years' exile, cf. pro 
Sest. ch. 5. 

miserabiliores, * more affecting perorations ' ; for other 
adjectives in -bilis used transitively cf. dissociabilis Hor., 
penetrabilis Verg., genitabilis Lucr. etc. ; vide Lucr. 1. 11 with 
Monro's note. Cicero recommends appeals to emotion in de Or. 
2 § 332 ; cf. de Inv. 1 § 106, Part. Orat. §§ 15, 56. 

14. declamatore, 'a noisy braggart,' cf. Orat. § 47, imply- 
ing a want of training and refined taste ; to such Cicero always 
opposes himself as the well-trained, experienced, refined speaker ; 
cf. Brut. § 308. 

laboris et fori =forensis laboris. 

§ 84 1. 15. Rhodi etc. : the witticism is not clear owing to 
our ignorance of what Laterensis had really said. The data are 
these : Cicero had spent the year 78-77 at Rhodes under the 
rhetorician Apollonius ; Laterensis had served in Bithynia, the 
capital of which was Nicaea (Isnik), in the Mithradatic war, 
74-65 B.c. Laterensis seems to have said : You, Cicero, are an 
orator, I am not ; you were attending lectures at Rhodes, whilst 
I was fighting in Bithynia ; you were learning the useless 
artificialities of rhetoric and philosophy, I was learning to defend 
the name and dignity of Rome. Cicero scoffingly takes iii 


Bithynia as if Laterensis had been there to study oratory, add- 
ing, I thought he was going to say in Vaccaeis, i.e. among a 
people utterly devoid of any knowledge of refined speaking — 
a hit at Laterensis' rough unpolished style. The objection to 
this is that to give the jest point we must imagine that 
Laterensis had been in some way connected with the Vaccaei 
(a tribe of Hispania Tarraconensis, occupying country round 
Zamora and Salamanca), but of any such relations we know 
nothing. Niebuhr conjectured Barcaeis, i.e. from Barca near 
Cyrene, where Laterensis held a military office for some time. 
For a joke on similar lines cf. Div. Q. Caec. § 39, ad Fam. 7. 
2. A second explanation is to regard severus as the key-word. 
Laterensis may have said that the life at Rhodes was minus 
severa ; the Vaccaei are then quoted as a people whose life was 
necessarily severa. 

17. locus, ' if the question of locality can give any handle 
to criticisra,' cf. de Sen. § 59. 

19. causa : the reason of our respective sojourns. 

20. Rhodi : it was here and in several Asiatic towns that 
Cicero studied under Menippus of Stratonicea, Xenocles of 
Adramyttium, Aeschylus of Cnidus, Dionysius of Magnesia, 
and especially Molo (probably the same as ApoUonius mentioned 
above) and Posidonius, Under Molo Cicero acquired his so- 
called Rhodian style of oratory, i.e. a compromise between the 
extravagant flamboyancy of the Asiatic writers and the bald 
simplicity of the Attics ; cf. Brut 316, pro Boscio, Landgraf 's 
Introd. p. 120 f. 

24. diligentia : ironical ; the scrnpulousness which only 
consents to defend the innocent betrays the inability to defend 
the guilty. 

causis ponderandis : temporal ; we expect in causis ponde- 
randis, very nearly the same as causis ponderatis, abl. abs. ; cf. 
C. F.W. Miiller on de Off. 1. 5, the only other instance in Cicero, 
qui nullis . . praeceptis tradendis philosophum se audeat dicere, 
where he says 'the ablative of the gerundive occurs twice in 
Cicero used as an abl. abs.' In Livy and Tacitus the con- 
struction is a little less uncommon ; in Caesar, Nepos, and 
Sallust it does not occur. 

§ 85 1. 26. in Creta : Laterensis had probably served hero' 

as legate. 

44 1. dictum aliquod, 'that a good joke might have been 

made on your candidature, but I missed it ' ; the joke was a 

pun on creta, chalk used to whiten the togas of candidati; cf. 

NOTES 129 

Pers. 5. 155 cretata amhitio, so Livy 4. 25, Introd. § 20. A 
similar pun in ^ro Mur. § 49 as emended by Madvig, cretae ipsae 
candidatorum. For dictum—-\v\tt\Q\sm, bon mot, cf. de Or. 2. 
54. 222, Quint. 6. 32, Cic. Fhil. 2. 17. 42. 

5, aliquem : Pompey, to whom Cicero sent a bombastic 
and voluminous letter giving an account of the saving of the 
state by Cicero from the Catilinarians ; Pompey left it un- 
answered, an insult which Cicero never forgave ; cf. ad Fam. 
5. 7. 3 (letter to Pompey), j)i'o Sulla 67. 

XXXV. § 86 1. 9. discessum, ' withdrawal ' ; Cicero never 
talks of it a.sfuga. 

11. me auxilio defuisse, 'that I refused to avail myself of 
assistance ' olfered by the equites, the whole of Italy, and all 
true patriots. 

14. tempestas : for the metaphor cf. Catil. 1. 9. 22 video 
quanta tempestas invidiae, pro Sest. 47. 101 periculi tcmpestas, 
in Fis. 36. 89 tempestas querellarum. 

15. tribunicius terror, 'fear of the tribune ' Clodius, who 
held the tribunate in 58 b.c. 

consularis furor, ' the mad rage of the consuls ' of 58 b.c. — 
L. Calpurnius Piso Caesoninus and A. Gabinius ; cf. in Fis. 

16. magnum fuit, 'it would have been a hard task,' cf. 
Acad. 1 § 6, pi-o Deiot. § 19, Verr. 4. 53 ; cf. infra § 88 init. 

fuisse praeclarum. In phrases expressing possibility or neces- 
sity the indicative is used in Latin where we use a potential, 
in order to emphasise the reality of the statement, to statc the 
absolute existence of the possibility or necessity. These clauses 
are nearly always impersonal. Cic. de Off. 1. 14. 44 aequius 
est, ib. 1. 9. 28 aequius erat, both used of the present, just as 
'iSei in Greek. longum est occurs very commonly, ' it were too 
long a tale . .' Cicero almost always (Drager gives one ex- 
ception, de Sen. 23. 82) in these phrases uses the indieative ; 
Tacitus and later writers often the subjunctive, e.g. longum 
fuerit Tac. Hist. 2. 2 ; vide Drager § 145 p. 303, Roby 1535. 

19. illa principia, 'their first acts on entering on their 
consulship. ' 

20. perdidit : lost by his culpable negligence ; omittere is 
to lose inadvertently. Piso led a large force in Macedonia, but 
by bad generalship lost a large portion of it, disbanding the 
remainder on his own responsibility ; cf. ad Q. Fr. 3. 1. 7. 

vendidit : Gabinius in 55 b.c, without the consent of the 


senate, restored King Ptolemy to his throne, and received for 
doing so 1000 talents ; cf. jpro Rah. Post. § 19, in Pis. § 48. 

21. emptis : purchased from Clodius, who had sufficient 
command of the popular vote to allot provinces — the duty of 
the senate ; cf. pro Sest. § 24. 

22. qui exercitu etc, ' since no one knew the real attitude 
of the three men who by means respectively of tlieir troops, 
railitary prestige, and wealth were the leading spirits at Rome, 
that fury's voice in accents womanish from unholy debauchery 
at most sacred shrines, to our bitter indignation, kept bawling 
out that these three, as well as the two consuls, were on his 
side.' qui . . exercitu, Caesar, who was in command of the 
troops as proconsul in Gaul. armis, Pompey, whose military 
successes had given him considerable influence. opihus, i.e. 
Crassus, cf. pro Sest. ch. xvii. vox, i.e. Clodius, who in 62 b.c, 
disguised in women's clothes, was present at the ceremonies of 
the Bona Dea which were being celebrated at Caesar's house ; his 
object was to further an intrigue with Pompeia, Caesar's wife, 
daughter of Q. Pompeius Rufus. 

45 §87 1. 3. Sit = atenim. 

erat mecum, * was on my side ' ; esse cum aliquo =facere 
cum aliquo or stare a partibus alicuius, stare ab aliquo. 

veste mutata, *in mourning,' cf. § 29 ; a decree of the 
consuls forbade this {indicia luctus ademerint infra). 

9. in contionibus : Cicero alludes to his friend L. Aelius 
Lamia, wlio ventured to defend him, and was exiled by Gabinius 
the consul, cf. pro Sest. § 29, in Pis. § 64. This Gabinius is 
called by Cicero saltator Catilinae * Catiline's dancing buifoon,' on 
grounds of personal enmity, cf. Catil. 2 § 23, in Pis. §§ 18, 22 etc. 

XXXVI. 13. auxiliis studentibus, ' enthusiastic and eager 
allies ' ; abstract for concrete. 

14. inre, 'in courts of law.' 

16. quo etc, 'my powers of oratory, the benelits of wliich 
so many have enjoyed to tbe fuU . .' ; cf. de Fin. 2. 63 abun- 
dare = not only to possess in abundance, but to enjoy to the 

17. armis . . armis : for tlie repetition (gemiiiatio) vide 
§ 11 n. 

§ 88 1. 21. fuisse ■pr&eclavum =futurum fiiisse, in or. 
Tect. =fuit praeclarum, vide § 86 magnumfuit, n. 

23. L. Opimius: cf. § 69. Consul with Q. Fab. Max. 
AUobrogicus in 121 b.c, the year of C. Gracchus' murder. 

NOTES 131 

C. Marius : consul for the sixth time with L. Yalerius 
Flaccus in 100 b.C, iu which year they brought about the fall 
of Saturninus. Cf. jpro Ilah. § 20, Catil. 1 § 4. 

25. armatis : antithetical to j?rim^MS. 

26. P. Mucius Scaevola was consul with L. Calpurnins 
Frugi in 133 b.c, the year of Tib. Grarchus' revohition, in 
which, however, he took no active part. He was best known as 
a iuHs-consultus. Cf. de Or. 1 § 212, dc Off. 2 § 47. 

27. Scipio = PubL Cornelius Publi filius Publi nepos Scipio 
Nasica Seiapio, for whom see § 51 n. 

30. adversarios : Clodius and his hired ruffians, the two 
consuls, Piso and Gabinius, and the triumvirs, Caesar, Pompey, 
and Crassus. 
45 § 89 1. 6. Q. Metellus Numidicus, whose vohmtary with- 
drawal from the city in 100 b.c, rather than swear to Satur- 
ninus' agrarian law, Cicero often compares to his own discessus ; 
cL §§ 69, 79, pro Scst. §§ 37, 101 etc. 

10. suum factum : his refusal to swear to the law of 
Saturninus. suum, because he was the only senator who 

11. cum . . retinuisset, 'although he refused to give 
up . .' 

14. triumphos : the Fasti give fifteen triumphs obtained 
by the Metelli. 

XXXVn. § 90 \. 23. vellem : Cicero does not refute the 
charge of cowardice, he merely adduces the following rhetori- 
cal argument : a mors voluntaria has as its reward immortalitas ; 
to seek such a death, if detrimental to the state, is wrong ; it is 
much more so to court a death which may harm the state with- 
out being sure of the immortalitas. — Kopke. 

24. ediderunt, ' breathed out ' ; cf. animam, spiritum edcre. 

27. impiorum : Clodius and his rabble, who are impii 
because they resisted a pater patriae. 

29. natura ipsa : here opposed to vis morhi = a natural 
deatli, but sudden, not the result of any preceding disease. It 
cannot refer to a death from old age, as Cicero was only fifty- 
two years old at the time. 

30, tamen etc, 'yet the popsibilities of assistance for the 
state in time to come would have been lessened, since by my 
death the precedent of how the senate and Roman people were 
destined to behave towards nie would have been destroyed.' 


47 2. in retinendo : for tlie details of Cicero'3 recall vide 
Introd. § 12. 

4, mense Decembri : the envoys of the Allobroges were 
arrested on the night of 3rd December 63 b.c. On the oth 
of December Cicero delivered his fourth speech against the 
Catilinarians (^ad Att. 1. 19. 16, 14), who were executed the 
same day. 

6. aliorum : Junius Silanus and Licinius Murena, consuls 
in 62 B.C. 

§ 91 1. 10. nam quod : elliptical, introducing a new topic ; 
it has reference to an objection made by the opponent (hence it 
is a formula occupationis), ' I have had to go into this fully 
because . .' 

12. negasti : that I still have liberty of action, liberum 
csse, i.e. that I have not got myself entangled in such a net- 
work of obligations to all the leading politicians as not to know 
which way to turn. Laterensis' criticism was just, as Cicero him- 
self shows, ad Att. 4. 6. 1, ad Q. Fr. 3. 1. 7, where he complains 
mcum non modo animum sed ne odium quidem esse liherum. 
These words Cicero wrote in 54 b.c, the year that he defended 
Plancius ; cf. Introd. § 13. 

XXXVIII. 16. primum etc. : Cicero says Svhatever I do 
I cannot satisfy Laterensis ; if I make new friends, he calls me 
fickle and Avanting in independence ; if I show gratitude to 
my old friends {hene de me meritis), he says I ara ueedlessly 
grateful. ' 

17. non desino, ' I am continually being charged with 
being needlessly grateful,' lif. 'I do not cease to incur the 
accusation ' etc. desino is the reading of the MSS. ; several 
editors prefer dehco. 

21. ruere, 'to be heedless, rash, in my actious ' ; cf. Phil. 
3 §31. 

boni viri, 'patriots,' &\mos,i = optimates ; cf. § 1. 

ut id ne facerem, ' that I should not for a moment think of 
doing so. ' ttt ne denotes the injunction or purpose as positive, 
express ; cf. Reisig-Haase p. 580. 

§ 92 1. 22. res publica . . loqui : for the prosopopoeia cf. 

23. ut . . ut : repeated for the sake of clearness. 

48 2. meis : masculine, 'my friendb.' 

§ 93 1. 4. quid ? ' what ? ' ' how ? ' continuing the ex- 

NOTES 133 

5. idem sum etc. : in ad Fam. 1. 9 § 17 Cicero uses the 
same argiiinent to clcar himself of inconsistency, adding that 
the characteristics of political parties change, and the patriotic 
politician must change accordingly. 

6. requires, ' you will miss ' ; cf. desiderare, irodeiv. 

9. in orbe aliquo . . , ' as if on a sort of wheel in political 
matters ' ; cf. ad Att. 9 § 1 for the metaphor. 

XXXIX. 12. Pompeium etc. : Laterensis had urged that 
Cicero should abide by his friendships and his enmities ; 
Cicero takes two important statesmen and explains his relation 
to each. Pompey had shown himself in favour of Cicero's 
lecall, although in 58 b.c. he did nothing to prevent his 
discessus. He had also been the means of reconciling Cicero 
and Caesar. On Cicero's relation to Pompey vide pro Hab. Post. 
§ 33, ad Fam. 1. 9, in Pis. § 76. 

16. tuear, 'support.' 

17. C. Caesaris : although Caesar in 58 b.c. had been, through 
his agent Clodius, indirectly responsible for Cicero's banish- 
ment, yet frora 56-54 they stood on very friendly terms ; cf. their 
correspondence, ad Fam. 5. 9. Caesar in fact had decided that 
Cicero's brains miglit be of use to him ; he Avas anxious in Gaul 
to allow his plans time to mature, and not to be compelled to 
join in civil war too soon by a combination of Pompey and the 
Optimates ; cf. de prov. cons. § 18, pro Balh. § 61, in Pis. 79. 

18. populi Romani . . senatus iudiciis, ' by the number- 
less decisions of the Roman people and the senate ! ' In 59 b.c, by 
the lex Vatinia, the comitia trihuta conferred on Caesar for five 
years the command in Illyricum and Cisalpine Gaul with seven 
legions. The senate then spontaneously added Gallia Comata 
(Narbonensis) and another legion. In 57, on Cicero's proposal, 
it decreed for him supplicationem quindecim dierum, and in the 
year 55 extended his command in Gaul ; cf. deprov. cons. § 26, 
pro Balh. § 61. 

19. iudiciis : decisions at the comitia. 

20. iudicium, 'judgment,' ' discernment.' Cicero seems to 
be playing on the difFerent meanings of the word. 

21. hominibus, 'individuals.' 

§ 94 h 23. secundis ventis, ' with favourable wind'; cf. 
Plaut. Stich. 2. 2. 45, Caes. B. G. 4. 23, Hor. Od. 2. 10. 23. 
secumlus from sequor = * secutno- ; cf. pando=*patno, unda = 
{v8u}p, vdn-Tos). 

25. cum tempestate, ' with the elemeuts ' ; cf. pro Balh. 



§ 61 neque esse inconstantis puto sententiam- ianqucim aliquod 
navigium . . ex re puhlica moderari ' to regiilate my opinions 
by the condition of the political weather.' 

27. ego vero etc, 'all that I have learned, witnessed, or 
read, all that has been put on record by the wisest and rnost 
illustrious men, both in our state and in other political com- 
munities, has taught me that the same man is not always to 
defend the same opinions, but rather those which the position 
of the state, the bias of the times, and the interests of peace 
may require.' For the sentiment cf, the extract in the preceding 
note. ' Cicero was deficient not in honesty but in moral courage ; 
much too of his inconsistency can be traced to his professional 
habits as a pleader, which led him to introduce the licence of 
the Forum into deliberative discussions and (however inexcus- 
ably) even into his correspondence with his friends. . . Although 
he was perfectly aware of what was philosophically upright . . 
hft was apt to fancy that the circumstances of his case con- 
stituted it an exception to the broad principles of duty.' — 
J. H. Newman. 

49 XL. § 95 1. 7. nunc venio ad : common formula of 
transitio ; cf. nunc dicamus de, nunc exponamus, videamus 
nunc etc. 

8. arcum facere e cloaca : lit. ' to make a triumphal arch 
out of a sewer,' ' to make a mountain out of a molehill,' 'aus 
eine MiLcke einen Elephanten machen.' Cf. Ov. Pont. 2. 5. 22 
e rivo flumina magnafacis, poetical fragment in Cic. pro Cael. 
§ 36 quid cldmorem exorsa verhis pdrvam rem magndm facis ? 
On the justice of Laterensis' criticism vide Introd. § 13. 

11. temporis rationem : i.e. the time immediately preced- 
ing his banishment, and the first few months of his enforced 
absence from Rome ; Cicero usually talks of this period as 
tcmpora mea (cf. § 1), his period of misfortune, qxijO insidiarum 
periculum et mortis fuit. 

15. incendio : metaphorically, ' that conflagration which 
threatened to destroy the laws . .' ardor below = the glowing 
fire, out of which a new conflagration and destruction of property 
{deflagratio) may arise. 

16. domus : in 58 B.c. Cicero's house on the Palatine was 
sacked and burned, as also were his villas at Formiae and 
Tusculum ; cf. pro Sest. ch. 24. 

18. petivi animo, 'I intended to go to 8ici\y, ' —2)roflcisci in 
animo habui. 

NOTES 135 

19. sicut domus mea : i.e. owing to his brilliant quaestor- 
ship at LilyLaeum ; cf. § 64, Fcrr. 5 § 55. 

C. Vergilius was praetor in Sicily in 60 b.c, in 58 pro- 
praetor there ; cf. lutrod. § 12. 

20. vetustas, *long-standing acquaintance,' opposed to 
novitaics, newly-formed acquaintances ; cf. pro Cacl. § 68, ad 
Fam. 11. 27. 2. 

21. fratris colleg-ia, * the fact that he had been a coUeague 
of my brother.' Quiutus Cicero and Vergilius had been aediles 
together in 65 b.c, praetors in 62. 

§ 96 1. 22. caliginem : for similar metaphors of a dark 
political outlook cf. nox and tenehrae, de prov. cons. § 43. The 
opposites are licx and sol ; cf. Bosc. Am. § 91, SeyfFert-Miiller 
Lael. p. 324. 

23. praetor : strictly propraetor. 

24. tribimi : Clodius. 

25. nihil amplius dico : aTr oanloir-rjaLs. The reason of Ver- 
gilius' refusal is given in ad Att. 3. 4. News reached Vibo 
that the lcx Clodia had been amended, with the result that 
Cicero was not to stay within 400 miles of Rome ; he had in 
consequence to go to Asia. 

6. Vibone : Viho — the Greek town Hippo, now Monteleone, 
on the west coast of Bruttium. 

Brundisium : now Brindisi in Calabria, on the coast of the 
Adriatic. It was the terminus of the Via Appia, and the usual 
port for travellers to Greece. 

XLI. § 97 1. 9. in flde mea : fidc h.ere = tutcla or defensio, 
'regarded me as their protector,' 'owed me allegiance.' This 
could come about only by the towns having at some previous 
period definitely entrusted themselves to Cicero's clientela or 
patrocinium—\.e. Cicero was bound to represent their interests 
in Rome, and they in return to give him what service he 
needed ; cf. Caes. B. G. 2. 14, B. C. 1. 34, pro Scst. § 131, ad 
Fam. 14. 1, 3 

12. unam . . amicissimam, ' pre-eminently well-disposed.' 
14. hortos : lit. a pleasure-garden, as distinct from hortus 
a kitchen - garden ; here = * country house ' surrounded with 
extensive grounds. 

Flacci : M. Laenius Flaccus is mentioned ad Att. 5. 20. 8 
as a friend of Atticus. Cicero stopped with him for thirteen 
days ; cf. ad Fam. 14. 4, pro Sest. 131. 

136 CICERCS oration for tlancius 

omnis metus, ' intimidation of every kind.' 
15. publicatio etc. : as threatened by the lex Clodia to any 
who harboured Cicero within 400 miles of Ronie. 

20. exaudiens, 'hearing in the distance,' i.e. as they 
sailed from Brundisium. 

Dyrrachium : in Epirus, the port to which most travellers 
to Greece sailed from Brundisium. 

§ 98 1. 22. refertam . . hominum : i.e. the scattered 
Catilinarians ; cf. ad Att. 3. 7. 9. The genitive with verha 
abuTidandi is less common than the ablative, and is said to be 
used when speaking oilargc numbers ; cf. de Or. 2 § 154 referta 
. . Pijthagoreorum, ad Att. 8. 1. S urhem . . re/ertam . . locu- 
pletium. Cf. Madvig L. G. § 286 n. 1. 

23. ferrum ignesque pestiferos : the main features of the 
Catilinarian programme, hence Cicero's formal enumeration of 

29. conflteareque : Cicero rarely uses que after a short e ; 
cf. pro Caecina 23. 64 sine scutis sineque ferro. 
51 2. nam, ' I repeat,' ' well then ' ; nam, resumptive, serves 
here to introduce again the subject of the main sentence after a 

4. veste mutata : he laid aside the toga praetexta (implied 
in insignihus) and put on mourning to show his sympathy with 

§ 99 1. 7. rem . . crudelem . . nefariam : alliiding of 
course to the circunistances which caused this sympathy, not 
the sympathy itself. 

9. quaestorium : sc. tahernaculum, aedificium, * his oflScial 
residence as quaestor,' Livy 10. 32; cf. praetorium, properly 
the praetor's tent. Under the empire various names were given 
to governors, legati, praefecti, augustales, Caesaris correctores 
etc, but theii- residence was nearly always called qiiaestorium 

10. praetore Macedoniae : i.e. L. Appuleius Saturninus ; 
lie was propraetor of Macedonia in 58 b.c. 

12. eadem : i.e. Clodius' violence. 

13. ceteros : e.g. Vergilius. 

14. ea : the penalties of the lex Clodia. 

15. subire et perpeti : cf. § 1. 

§ 100 1. 15. Tubero : L, Aelius Tubero was an intimate 
friend of Cicero, well known for his prudence and his erudition 

NOTES 137 

ijn-o Lig. § 10) ; accompanied Quintus Cicero to Asia as his 
legaius in 60 B.c. ; joined the Pompeian party, but was pardoned 
by Caesar. 

16. decedens : t. t. for giving up comrnand of a province. 

19. ire with comparantem, 'preparing to go.' 

20. necessitudinem : Cicero had attacked Verres' mal- 
practices in Asia, and from that time we date the 'friendly 

23. persona (probably from per-sSnare, that through which 
the sound goes) : a mask worn by an actor. It is used in 
several phrases, e.g. ^^(^fsonam alicuius agere, ferre, tenere ; per- 
sonam suscipere ov induere ; personam tiieri \Phil. 8. 10) ; per- 
sonam alicui imponere {pro Sulla 3. 8). ^?erso7i<x thus got the 
meaning of personality, individuality, character, and lastly, in 
a concrete sense, a personage of distinction, a rather curious 
instance of which in English is the word ' parson.' 

XLII. §. 101 ]. 24, excubiae : properly, watehing outside, 
of a night-watch on out-post duty. 

25. vigiliae : lit. keeping awake, a keeping on guard against 
an expected danger ; used of four men who relieved watch every 
three hours. 

custodia : the act of guard, then the place where the guard 
is set, then simpl}^ diligence, watchful care. 
52 1. siquidem, 'if it turns out to be true that,' 'if indeed' ; 
if, says Cicero, I fail to help you, then all the epithets miseras, 
fiehiles, acerhas, infelicem are justified. 

7. peremisset, 'had rendered a&soZw^(sZy impossible. ' per- 
imere — in aeternum tollere. Cf. pro Sest. § 49 sz causam puhlicam 
mea mors peremisset 'had given the death-blow to . .' 

8. hos = the jury, and even the prosecutor, who Cicero 
sees belong to his party, the Optimates, and consequently 
wishes to regard as his friends. 

12. poUicebar . . promittebam : the usual distinction 
made is promittere, to promise, give hope of a thing generally, 
Avhether for oneself or others. polliceor, to spontaneously offer 
wliat lies in one's power, its opposite being ahnuere. 

§ 102 L 19. te cum mea salute complecti : te = tuam 
salutem, 'to make your interests and mine one.' 

21. retinebo : i.e. ne in exilium eas. 

26. divellat ac distrahat, ' violently sunder'; cf. §§ 1, 
13, 79. 


27. non ego meis : note here two peculiarities of the order 
of words in a Latiii sentence — (a) the negative stands first, 
'tlie love of distinctness led the Latin writers in negative 
sentences to stamp the negative form on the sentence as soon 
as possible ' Potts LaL Pr. p. 59 ; (^) in a Latin sentence 
pronouus seem to attract each other ; cf. Hor. Carm. 4. 9. 31 — 

ncm ego te meis 
chartis inornatum sileho. 

deprecor, 'intercede for ' a person ; cf. pro Mitr. § 1. The 
usual meaning is 'to try and avert an evil by cries, eutreaties.' 
53 1. parens : on the elder Plancius vide Introd. § 13. 

patres : parens = merely the author of our being, a pro- 
creator, and is used metaphorically in conjunction with cffedor, 
conservaior, artifex, procreatrix, educatrix ; pater = orve who is 
legally recognised as head of a family or an association of any 
sort. Cicero called himself parens Romae, as being a second 
founder of the city he had preserved ; pater patriae, as the 
father of the family of the state, who exercised his right of 
punishing the unruly menibers of that family. Cf. Juv, 8. 244 
Roma parentem, Roma patrem patriae Ciceronem libera dixit, 
Flor. 3. 18, Cic. in Pis. § 6, pro Sest. § 121. 

§ 103 1. 3. quos . . suscepi, ' whose enmity I incurred. ' 

8. id. a vobis ei persolvere, ' to discharge by your assist- 
ance,' lit. by your draft, a mercantile metaphor ; cf. ad Att. 
5. 21 § U,pro Flacc. § 46. 

§ 104 1. 9. C. Alflus Flavus : cf. Introd. § 5 ; he was 
plebeian tribune in 59 B.c. when Caesar was consul. Although 
he supported Caesar'8 legislative proposals, he was unsuccessful 
in his candidature for the praetorship (m Vat. § 38) ; in 54, 
however, he was elected. 

11. adiutor fuisti : of this we have no details. 

16. magno in metu meo, ' in spite of my serious anxiety ' 
on Plancius' behalf. 

19. saepe et multum = almost saejnssimc ; cf. de Legg. 3 
§ 33, de Off. 2. 20, pro Quinct. § 3. 




As stated above (§ 14), the growth of corrupt practices in the 
olections at Rome had reached niost alarming dimensions. 
Legislation was continually being directed against it, now 
against one method, now against another, but the evil still 
continued unchecked. One of the special forms of corruption 
{amhitus, cf. § 15) which the laws attacked was the sodalicia, 
or collegia sodalicia, illegal combinations or meetings of citizens 
in order to iniiuence the elections. The employment of these 
sodalicia was the crime with which Plancius was charged under 
the lex Licinia de sodaliciis. 

The right of public meeting at Eome was in the earliest 
times quite free from restrictions, and this free- „• ^ 
dom may be considered to be as old as Rome ^ ^^' 

itself, and, in fact, a characteristic of the Latin races. Numa 
is especially mentioned as having instituted various sacerdotal 
coUegia and guilds of handicraftsmen, who held meetings 
regularly ; and the Feriae Latinae were the most notable out- 
come of this Latin federal spirit.^ This was originally a 
panegyris of the Latin race, convened on the Alban mount, to 
worship Jupiter Latiaris and deliberate on matters which 
affected the confederacy. In the earlier times of 
the Republic the right of public meeting was ^Kepubfi?^ 
allowed to burgesses, but was limited by the 
administrative, the magistrates, with the approval of the senate, 
imposing any restrictions they thought fit. Thus in 186 b.c. 
the consuls and senate in the senatus consultum de Bacchanalihus 
forbade the meetings of the Bacchic guilds without referring the 
matter to the main body of citizens ; ^ but later on, e.g. in 

1 Cf. Livy 44. 19, 41. 16, 42. 10, Mommsen Rcnn. Hist. i. ch. 2. 
2 Cf. Livy 39. 8-19, C. I. L. 1. 196. 


64 B.C., this senatorial right was questioned by the popular 

party, and considerably limited.i Under the 

RepubHc?^ later Republic the right of forming associations 

and holding public meetings was still further 

restricted. The senate had to assure themselves that the 

associations were not calculated to disturb the common peacc, 

the places of meeting were fixed, and every assembly had to be 

presided over by a magistrate." 

Augustus' laws may be said to have abolished the right of 
Under Bmpire ^^ssociation. In Italy, however, and the senatorial 
provinces leave to hold meetings was sometimes 
granted by the senate, e.g. symphoniaci qui sacris publicis 
inaesto sunt'^ were allowed to meet e lege Julia ex audoritate 
Aug. ludorum causa. By degrees, of couvse, this right of the 
senate was transferred to the emperors, who, however, very 
rarely made use of it, and did all they could to discourage 
meetings of any sort, at any rate in Rome itself. Severus 
(a.d. 300) was the first emperor to reverse this order of things, 
and from his time onward no limitations of any kind were 
imposed on meetings or associations. As Th. Mommsen'^ says, 
when Rome lost its rule over the civilised world, then the right 
of public meeting was restored to its citizens. 

. . In classical tiraes the associations which exer- 

a\°iiSmr^ cised the greatest influence on public matters 
were of three kinds — 

(1) sodalitates, 

(2) collegia, 

(3) sodalicia, 

the members of all three being called sodales. 

(1) The sodalitates were specially of a religious nature. Their 
Sod l't t members had special temples, special sacrificial 
ceremonies, special banquets in honour of some 
divinity, and in these respects may be compared to the brother- 
hoods of modern Italy, fonned ostensibly in honour of some 
special patron saint,^ whose name they bear. Cato^ thus talks 
of sodales, primum Jiabui semper sodales. sodalitates autem me 
quaestore constitutae sunt sacris Idaeis magnis Matris acceptis. 

The members of the same sodalitas were under special obliga- 
tions, which were handed on from father to son. Thus one 

1 Cic. Corn. Sull. passim, in Pis. 4. 8. 

2 Livy 39. 15 ubicunque multitudo esset ibi et legitimum rectorcm multi- 
tudinis censebant debere esse. 

3 G. vi. 4416. 4 Staatsrecht i. 341. 
5 Or, e.g., the Fratelli della misericordia. 6 Cic. de Sen. § 45. 


member never sued another at law, but was always ready to 
lend assistancc to him in legal difficulties. No sodaMs ever sat 
on a jury when the prosecutor was a member of the sanie 
sodalitas. As in our Masonic lodges, if a member at his death 
left liis children unprovided for, the sodales took measures for 
their education etc. This system of mutual assistance was 
naturally exteuded to municipal matters and elections, which 
afForded the best opportunities for making some return for 
benefits received.^ Thus the lex Servilia {repetundarum) for- 
bids a man to be patronus, or iiidex queive eiei [reo) sohrinus 
siet propiusve eum cognatione attigat queive eiei sodalis siet queive 
in eodem collegio siet. But the sodalitates soon degenerated 
from their originai character, and became instruments of 
electoral corruption. In 56 B.c, two years before Plancius' 
trial, senatus consultum factum est, ut sodalitates decuriatique 
discederent lexque de eis ferretur, ut, qui non discessissent, ea 
poena, quae est de vi, tenerentur.'^ 

(2) The collegia were really guilds, associations of persons 
who (a) held the same office or (^) practised the ^ „ . 
same profession or trade, and their original object " ^^^"" 
was to further the interests of, and improve the methods of, that 
profession or trade. Like the sodalitates, the coUegia had their 
special sacrifices and religious rights, the same mutual obliga- 
tions of member to member. As instances of (a) we may take 
the collegia pontificum, augurum, tribunorum,^ or the coUegium 
(or magistri) Mercurialium, founded (Livy 2. 27) on the dedica- 
tion of the new temple of Mercury : as new gods were intro- 
duced in Rome, new coUegia were founded.'* We find similar 
combinations in Greece, e.g. ot 'Ao-/cX??7rtd5at, the guild for 
preserving the cult of Asclepius and furthering the interests of 
the profession over which he presided.^ (/3) Trade-guilds were 
raore numerous, e.g. coUegia fahrorum, aerariorum, tignariorum, 
ferrariorum, sutorum, fuUonum, pistorum etc, most of which 
dated their foundation in remote antiquity. 

These coUegia, like the sodalitates, were used for political 
ends, and in 68 b.c. were abolished in tlie consulship of L. 
Caec. Metellus and Q. Marcius Rex. Clodius, however in 
56 B.C., in response to the repeated appeals of the rabble of the 
city, passed the law de coUegiis restituendis novisque instituendis, 
especially referring to the re-establishment of the coUegia com- 

1 Cf. Tpro Mur. § 56, Verr. 2. 1. 37, de, Or. 2. 200. 

^ ctdQ. Fr. 2. 3. 5. 3 Livy 1. 20, 4. 4, Pliny //. N. 18. 2. 

4 Monimsen StaatsrecJit ii. 134. 

5 Cf. Plato Rep. 405 d 6 tuv 'Acr/<AT>7ria6wj/ the member of the CoUege of 


pitalicia, or street-clubs, Cicero^ describes the rcsult of this 
law : collcgia non ea solum quae senatus sustulerat restituta sed 
innumerabilia qaaedam 7iova ex omni fa^ce urhis ac servitio 

(3) Tlie sodalicia — or more properly collegia sodalicia, as 
Sodalicia sodalicius is an adjective — were really only a 
History, special kind of collegia whose sphere of work was 
alraost confined to politics, Legislation had failed 
to repress the right of public meeting or forming associations ; 
political liberty kept reasserting itself, and the sodalicia were 
merely the sodalitates in a new form — a revival, not a new 
institution. The sodalicia were distinct from other associations 
in two points — (i.) they were entirely political ; their avowed 
object was to influence the elections by any methods, but 
cspecially well - managed bribery, and to defend any member 
who might be prosecuted for employing the methods they 
enjoined ; (ii, ) the sodalicia were more elaborately organised 
than other associations ; carefully systematised with divisions, 
subdivisions, and affiliated branches, they were an extreniely 
powerful and most mobile instrument in the hands of such 
demagogues as Clodius. Such a highly-developed organism 
extended its influence to all classes, but it was particularly 
successful in introducing some sort of system and discipline 
into the actions of the city rabble — the perniciosa sentina rei 
publicae,^ as Cicero styles tbem — with the result that the 
numerous riots and brawls of the time were ofteu directly 
attributable to the sodalicia. 

Of the constitution and methods of these sodalicia we have 
considerable information in the de Plancio. Cicero shows that 
Plancius has not pursued various methods which we infer were 
the ordinary methods of the sodalicia. Members were duly 
enrolled (conscribere) by the magister collegii ; the whole body 
of members was divided into decuriae, properly bodies of ten, 
to facilitate the distribution of bribes, With this we may 
compare the use of deicd^etu in Isocrates and Aeschines in the 
sense of ' to bribe,' literally * to divide into bodies of ten.' The 
money promised as bribes {pronuntiare) was distributed by 
divisores and sequestres. Thus the crime of 

^ cojiscriptio tribulium. 
decuriatio tribulium. 
sodalicium =\ pronuntiatio pecuniae. 
discriptio populi. 
divisio pecuniae. 

1 proSest. § 34. 2 cic. Catil 1. 5.12. 


For details of the connexion between amhitus and sodalicium 
vide Introd. § 14. 

Thus various clubs and guilds at Rome were continually 
being used to exert illegal influence on political „ 
affairs, and were as continually being repressed urn^ary, 
by the government. An exact distinction between these chibs 
cannot always be drawn, as the evil seems to have returned 
again and again just sufficiently transformed to escape exist- 
ing enactments ; but a rough classification may be made of 
sodalitatcs, old religions, brotherhoods instituted for the raain- 
tenance of some special cult ; collegia, trade-guilds to ensure 
the continuance and improvement of the methods of some 
particular profession ; while sodalicia were purely political clubs 
of members of one tribe, formed with the avowed object of 
obtaining certain state offices for certain individuals. 


The Eeadings of the more important MSS. in 
Passages where the Text is uncertatn 

T = codex Tegernseensis 
E= ,, Erfurtensis 
codd = codices, i.e. omnes codices 
dett = deteriores j- vide Introd. § 40. 

om = onnttit 
Schol. Vat. = Scholia Vaticana 
Schol. Boh. = ,, Bobiensia 

§ 2 videre codd 

§ 4 criminibus] omnibus E 

§ 6 aut (a te), potuisse oni T 

§ 7 quid tu magni dignitatis T : quid tum an dignitatis E: 
quid tu inanem dett 

§ 8 exilio codd \\ quoniam] iam qff) T : iam quo E: quamquam 

§ 9 dilectu T E 

§ 10 maris illud esse E 

§ 13 aberat T E \\ cum te non videbam T E \\ reliquisti 


T E II iudicasti codd \\ ego vero te] ego aute T \\ ludi] iudi T: 

iudices E 

§ 14 simul ut et qui E 

§ 15 tamen nos impetu T E: tanto nosimpetu dett 

§ 16 nunc quid T E \\ adsequerer T E 

% 17 factum om T \\ vestrum T : vestram E 

§ 19 suorum municipum honore laetari E: suorum munici- 

pium laetari T 

§ 20 faverunt T E : favebant Schol. Fat, 


§ 21 laudanda est vel etiam amanda codd \\ illum offici 
inte T \\ denique a nostra ita T E 

§ 24 timide dico T E 

§ 26 votis omnibus lacrimisque T E 

§29 atque T E\ atqui o?e« 

§ 30 tam . . quam E : qua . . qua T || generis et nominis 
T E 

§ 33 et libere om Schol. Boh. \\ salutasset ut fit dixisset T E 
\\ nostra arrogantia T E 

§ 34 pru T 

§ 37 cuiuscumque tribus T E 

§ 38 Teretinam TE ^ 

§ 40 inscio] necapinant^ sie T : in sicco E 

§ 43 ut si quaesitor T E 

§ 45 respectent T E \\ volumus T E \\ iram codd 

§51 duabus aedilitatis acceptis repulsis T: duabus aedili- 
tatibus repulsus E 

§ 52 de summa re publica T E: rei publicae dett 

§ 57 aut quid] quod T E 

§ 59 familia T: e familia E \\ quae rex] gnarus quare T E 

§ 61 quod triumpharant T E: in quibus triumpharent T E 

§ 62 reprebenduntur codd 

§ 68 hoc nomen T E \\ aes retinet (is T E) codd aliquot 

§ 69 quam quod pro Plancio T E : quam pro Plancio dett || 
patronum esse illum T E 

§ 71 at enim nimis ego E : nimiis T \\ molestia T E : 
modestia dctt 

§75 contenderim T E: contenderit c?e^^ aliquot \\ id ipsum 
T E II dicere] dici T E \\ in his causis T E: is in causis codd 

§ 77 sicut in jT ^ II praeferam T E : prae me feram codd 
rell II populo R. et gratiam referri T E: populi R. {vel p. R.) 
ei gratiam ref erri codd rell 

§ 78 defugerim T E || quia saepe concurrunt propter ali- 
quorum T E : concurrit codd rell 

§ 80 omnibus me virtutibus E 

§ 81 alitus T E 

§ 88 quem profecto non videbam om T E 

§ 89 tamen ob illam quod T E 

§ 91 debeo] desino codd 

§ 95 arcem codd 

§98 cum tamen T E\ cum tantum efe« || ad Planciumque 


• § 100 vi inquam T : vi me inquam E 

§ 101 se deorum T 

146 cicerCs oration for plancius 


Feom C. F. W. M{JLLER's Text of 1886 

§ 2 [videre] ego scripsi 

§ 6 aut te a Plancio aut a te illum dignitate potuisse superari 
ego scripsi 

§ 13 ego vero te Weidner 

§ 16 *non recte,' num quid adsequerere, si ego interpunxi 

§ 17 quoque oniisi 

§ 19 fin. municipum after suorum om Cohet 

§ 20 [municipe suo] Cobet 

§ 22 admiranda ego scripsi \\ illam officii rationem Wunder\\ 
[non in manus sumitur] Wunder, Keil 

§ 30 genere et nomine Garcitoni : C. F. W. Milller ' ad- 
modum verisimile ' 

§ 33 [et libere] Weidner ; cf. Muller^s note || nos^ra T E 
Schol. Boh. 

§ 37 [tum] Keil 

§ 40 tu me ignaro . . . iniquos ? non spuria ceoiseo : tum 
me vel omisi. 

§ 43 vel si Keil 

§ 45 iram Cohet 

§ 50 secundo T E 

§ 51 aedilitatibus repulsus E 

§ 75 dicere Cohet 

§ 78 defugerim T E \\ [gratia] Karsten : [propter] ex con- 

§ 86 <inlatis> Halm 

§ 89 [cum] Karsten \\ constantiam Mon^c. 2 

§ 91 desino codd 

§ 95 arcum Cohet \\ mea Karsten 

§ 98 cum etiam tum Madvig 

§ 100 vi me < vi > inquam Orelli 


The numbers refer to the sections of the Speech. Int. =Introduction 

abs 46 

acquittal of Plancius Int. § 9 

actio Int. § 30 

aculei 58 

adiumentura 23 

adjectival predicate 27, 67 

adjectives as substantives 1 

aedilis 9 

aerarii 21, Int. § 18 

Africanus 60 

Alfius 104 

aliquando 34 

ambitus Int. § 14 

analysis of speech p. Ixxviii 

anaphora 9 

Antonius 33 

aposiopesis 96 

aquae 65 

arcnm e cloaca 95 

argumentatio Int. § 35 

Aristotle Int. § 25 

Asianism Int. § 26 

assiduitas 27, 67 

at enim 53, 71 

Atilius 60 

Atina 19 

Atreus 59 

Attius 59 

auctiones 33 

audire 57 

Barcaei 84 

bimaritus 30 

Bobiensia Scholia Int. § 43 

Bovillae 23 

Caelius 52 

Caesar 51, 52 

calere 55 

Calidius 69 

candidature Int. § 22 

canvassing Int. § 22 

capite censi Int. § 18 

caput 18 

case (circumstances of) Int. § 2 

(details of) Int. § 4 

casu 65 
Cato 20, 66 
Catulus 12 
chiasmus 6, 72 
Cicero Int. § 12 

(Quintus) 20 

Cicero's rhetoric Int § 26 
circumstantia Int. § 29 
Cispius 75 
civica corona 72 
clamitare 75 

classics (mediaeval) Int. § 44 
Claudius (App.) 51 
climax 9 
Clodius Int. § 12 



codices Int. § 40 

editicii Int. § 6 

coitio 22, Int. § 3 

editio princeps Int. § 45 

collegia Appendix 

editions of Planciana Int. § 46 

comitia Int. § 19 

elections at Rorae Int. §§ 18, 

comitialis morbus Int. § 20 


commemoratio Int. § 38 

elocutio Int. § 30 

commendatio 31 

enucleatus 10 

communis sensus 31 

Erfurtensis codex Int. § 41 

concessive ut 10 

esse videatur 4 

condicio 6, 10 

et quidem 31 

Congus 58 

excors 70 

conscriptio Int. § 16 

excubare 101 

constitutio Int. § 29 

exile (Cicero's) lut. § 12 

contamination 82 

existimatio 6 

contentio 5 

exitium 8 

continentia 3 

exordium Int. § 31 

contubernium 27 

expostulare 58 

contumelia 34 

exsto 2 

conturbare 68 

Corax Int. § 25 

Fabius 60 

Cornificius Int. § 27 

Fabricius 60 

correctio 52 

facilis 5 

corruption at Rome Int. §§ 14, 15 

fautores 55 

Coruncanius 20 

Feriae Latinae 23, 66 

court Int. § 5 

ferre tribum 48 

Crassus 32, 33 

tides 1 

cum with ind. 29 

fidius 9 

Curia 70 

Fimbria 12 

Curius 60 

Flaccus 27 

Cyrene 13 

frugi 62 

fucatus 29 

decedere 65 

futilis 29 

declamator 83 

decuriatio 18, Int. § 16 

Gabii 23 

defetigari 12 

Gorgias Int. § 25 

demovere 53 

Granius 33 

de scripto 74 

desiderare 12 

habere 55 

deteriores codices Int. § 42 

haud scio an &Q 

Didius 61 

hendiadys 51, 73 

dispositio Int. § 30 

Hermagoras Int. § 25 

Drusus 33 

Hortensius 37 

Duellius 60 

Hortus Scipionis Int. § 20 

eblanditus 10 

iactari 11 



iactura 6 
ianua 8 
imago 18 
inimo 42 
incendium 95 
indicative 86 
infuscatus 23 
ink Int. § 43 
intellectio Int. § 28 
interest of speech Int. § 1 
interrex Int. § 2 
inventio Int. § 30 
invidia 75 
iteratio 11 
Julius Caesar 52 
jussive subj, 72 
iustitium 33 
luventia tribus 19 
luventius 58 

Labici 23 
lacrimula 76 
largitio Int. § 16 
Latinae Feriae 23 
Lemonia tribus 38 
lex Licinia 36, Int. § 16 

raagnum fuit 86 
malle omnia 59 
manare 57 
Manlius 12 
manuscripts Int. § 39 
Marcellus 60 
Marius 20 
medius fidius 9 
memini 69 
metaphor 11, 44, 74 
Metellus 69 
mimula 30 
Minturnae 26 
miserabilis 83 
Molo Int. § 23 
municipium 19 
munire viam 67 
mutare vestam 29 

nam quod 91 
narratio Int. § 32 
Nasica 33 
nimium 4 
nisi forte 71 
nomen 68 
nonniliil agere 83 
non quo 56 
numerus 64 
numquidnam 65 
nuntius 49 
nusquam esse 59 

observare 42 
obsoletus 75 
Octavius 51 
operae 46 
Opimius 69 
oratory Int. § 23 

palimpsests Int. § 43 

parataxis 13 

parens 102 

parricida 70 

patres 8 

Pedius 17 

perdere 86 

perdifficilis 5 

Pergamon Int. § 25 

period 25 

peroratio Int. § 38 

persona 100 

Philippus 52 

Piso 12 

Plancius Int. §§ 11, 13 

pleonasm 1 

Plotius 17 

polliceor 101 

Pompey 25, 92 

ponderare 84 . ' 

posco 48 

postponement of elections Int. 

postulo 48 
potential use of subj. 40 



praefectura 19 
praemandata 31 
Praeneste 63 

praerogativa 49, Int. § 21 
probatio Int. § 33 
professio 14 
proletarii Int. § 18 
promitto 101 
promptnm habere 34 
prononns (position of) 102 
prooemium Int. § 31 
proofs Int. § 33 
prosecutor Int. § 10 
publicani 23 

quaesitor 43 
quaestorium 99 
quam 30 

Quintilian Int. § 25 
quo usque 75 

Racilius 77 

ratio 23 

recordor 69 

refrigere 55 

refutatio Int. § 34 

reicio 33 

religio 31 

reliqui 3 

rhetoric Int. § 23 

Rhodes 84 

Rhodian oratory Int. § 26 

rhythm 4 

Rufus 52 

Rutilius 52 

Sacerdos 27 

scaena 29 

Scaevqla 33 

Scholia Bobiensia Int. § 43 

scilicet 72 

Scipio 51 

secundus 94 

Seius 12 

senatus populusque 42 

sermocinatio 12 

simulatio 1 

societates 30, Int. § 13 

sodalicium Int. § 17, Appendix 

solidus 29 

sophists Int. § 25 

status Int. § 29 

Stoics Int. § 25 

subjunctive 40, 56, 72 

suflEragari 1 

supplicari 12 

symphoniaci Appendix 

synonyms 1 

tabellae 49 

tector 62 

Tegernseensis codex Int. § 40 

tempora 1 

tensa 83 

Teretina tribus 21, 38 

text Int. § 39 

tractatio Int. § 33 

training in oratory Int. § 28 

transitio 12 

tribuni aerarii 21 

tribus 38 

trochaics 59 

Tubero 100 

Tullus 51 

ultro 24 

unus ex 65 

ut concessive 10 

value of votes Int. § 21 

Vergilius 95 

vetus 22 

via sacra 17 

vitia 27 

Volcatius 51 

voting 49, Int. § 20 

witticism 34 


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I Cicero, Marcus Tullius 

6281 Pro Plancio